Negligence is a breach of the duty of care owed by one person to another from the perspective of a

1000 WordsApr 23, 20194 Pages
Negligence is a breach of the duty of care owed by one person to another from the perspective of a reasonable person. The Duty of care owed in number of situations such as driver and pedestrian, doctor and patient, employer and employee, teacher and student and in many other situations. Thereby, negligence is one of the most extensive areas in tort law. In order to prove liability in negligence the claimant must show, on the balance of probability, that the defendant owed a duty of care, breached that duty by failing to meet the standard of care required and as a result the claimant suffered loss or damage which is not too remote.[1] Thus, it is important to prove all three elements because each of them are complex and conceptually…show more content…
Thus, the duty of care test for psychiatric injury cases is different for them. For primary victims there is tow elements to be established: firstly, is there a recognized psychiatric injury, secondly, was the claimant: physically injured as well as psychiatrically, in danger of physical injury. If witnesses to the incident in some way while not themselves in physical danger further tests apply: do they have a recognized psychiatric illness, caused by a sudden shock, are they within a class of people who the law allows to claim compensation for psychiatric injury as a secondary victim and what was their proximity to the shocking event? The third case where three-part test is used is omission. In general, in Negligence there is no liability for omission. However, there are some situations where a defendant may be liable for it. It is when the defendant has a high degree of control over the claimant, assumed responsibility for the claimant in some way and created a dangerous situation, and fails to deal with it. The case Stovin v Wise [1996] AC 923 is proof on it. Acts of third parties is another case where Caparo test is still the basis of liability. Negligence usually executes liability only on the person who causes damage, but there are five

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