Negligence And The Negligence Tort Essay

1370 Words6 Pages

Negligence is “conduct causing damage to another, in breach of the defendant’s duty of care owed to the other” (pg 425 Terry and Giugni (8.10).) This definition states the defendant is responsible towards the plaintiff, if a breach of recognized standard of duty is not adhered to and the plaintiff suffers an injury as a result. A liability may incur if the resulting injury could have been prevented or foreseen. The defendants and plaintiffs both have their opinions and views towards the negligence tort, and it will be looked into further detail in the “Jack and Thea Holiday Tour” case.

In order to completely understand the liability in negligence, there must be reasonable foreseeability present which includes three main “elements of negligence” They are Duty of Care, Breach of Duty and Remoteness of Damage (pg436-437 (8.220) Terry and Giugni) In addition the plaintiff must also satisfy the four traditional elements of negligence in order to have a claim; (pg 431 (8.140) Terry and Giugni)

Part A

Duty of care

In the tort of negligence it is important to recall the 1932 House of Lords case, Donoghue v Stevenson AC 562 (pg. 435 (8.200) Terry and Giugni). The case outlined that duty of care must be shown towards the other, as if the other does not anticipate the risk, they would potentially suffer injury or death. According to the law, Priscilla Tours is liable for any maltreatment caused by their tours towards its customers, hence why Jack and Thea have the

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