The Case Of Hill Chief Constable Of West Yorkshire 1989

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TORT LAW ASSIGNENT INTRODUCTION This assignment will be explaining various areas of tort law. But mostly will be dealing with the rule in the case of Hill Chief Constable of West Yorkshire 1989. This assignment will identify the nature of tortious liability and the range of activities to which the law of tort may be applied. Tort is a civil wrong which is done to an individual. If a civil wrong is done to an individual the law provides a remedy where the individual takes the wrongdoer to court. According to Winfield and Jojowicz negligence is a breach of a legal duty to take care resulting in damage. There are three Eras of negligence which are: 1. Neighbour principle- this principle was brought in the of Donoghue v Stevenson(1932) where…show more content…
Secondly, if the first question is answered affirmatively, it is necessary to consider whether there are any considerations which ought to negative, or to reduce or limit the scope of the duty or the class of person to whom it is owed or the damages to which a breach of it may give rise." 3. Three stage test: foreseeability, proximity, fair, just and reasonable- Caparo v Dickman (1990)- 1990-2010. In this stage, under the Caparo test the claimant must make sure and establish that the harm was reasonably predictable, that there was a relationship of proximity and if it is fair just and reasonable to enforce a duty of care. Negligence always involves establishing whether a duty of care exists and who has that duty. A good example is shown in the case of Donoghue v Stevenson 1932. This case introduced the law of negligence and the neighbour test. In this case a friend took Mrs Donoghue went to cafe with a friend and bought her an ice cream and ginger beer. The ginger beer came in a bottle which wasn’t clear enough to see the contents inside. After drinking half of her ginger beer she then poured the rest on top of the ice cream when a discomposed snail came out from the bottle. As a result Mrs Donoghue fell sick and suffered personal injury. She then went on to claim against the company that produces ginger beer. It was held that her claim was successful and therefore the neighbour test was established. Lord Atkins commented
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