Duty Of Care For Negligent Act

1441 Words Apr 24th, 2015 6 Pages
Introduction

Background to the answer:

ISSUE:
The area of law is Negligence and the issue is Adams (Plaintiff) injuries and his chances of success in any legal action he might take in negligence against Simon (Defendant). The question to be taken into consideration is that;
• Could the defendant be found to have caused the damages?

Rule and Application
This aspect will address Duty of care for negligent act, standard of care and causation.
1st essential DoC: Did the defendant owe a Duty of Care to Plaintiff?

Historical approach from Donoghue v Stevenson

(I)Reasonable foreseeability
In tort law, foreseeability has been defined as the notion that a particular action viewed under particular circumstances would lead to an anticipated result. This means that there was a foreseeable injury, and a person has a chance of taking precautions and refrain from the behaviour that could likely lead to the harm (Birmingham& Brennan, 2012).
In saying this Simons damage to Adam was that of a foreseeable type even though he had to throw his helmet that bounced on the ground and striked Adam through frustration. In the case of The Wagon Mound No2 [1967]1AC617, The defendant 's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour due to the failure to close a valve. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. The fire spread rapidly causing destruction of some boats and the wharf. It was held that the defendants…

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