The Liability Requirements Of The Tort Of Negligence

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he liability requirements in the tort of negligence)
I will be looking at the aspects of legal liability. Tort of negligence is split into 3 different sections which are concepts of duty; breach of duty and damages, the definition of negligence is failure of taking care of something or someone. Tort of negligence develops over time the reason for this is because there have been a variety of new cases involving tort of negligence.
Duty of care is a duty an individual has for another person’s wellbeing for example a doctor has a duty of ensuring he/she is prescribing the patient with the right medicine, another example is a duty a teacher has towards the student the teacher has a duty of ensuring the student is safe at all times.
Breach of
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In this case the conclusion was there was no duty of care there was also a sufficient amount of proximity between the claimant and defendant in order for a duty of care between them two before the incident.
Another case which involves breach of cares Nettleship vs Weston in this case the defendant who was learning driving lessons from a friend. Mrs Weston has turned on a bend on one of the lessons and Mr Nettleship who was the instructor told the learner to straighten the wheel but Mrs Weston panicked and did not straighten the wheel and because of this this they went on to the pavement so Mr Nettleship grabbed the handbrake but it was too late and the car hit a lamppost Mr Nettleship fractured his knee because of that the defendant debated that the standard of care should be decreased for learner drivers.
There are tests to find out if duty of care has been breached the courts had used this test in order to help them decide if duty of care had been breached or not.
Another case that involves damages is Barnett v Chelsea & Kensington HMC Mr Barnett went to a hospital and was complaining he had a really severe stomach pain and was also throwing up. He was seen by a nurse and she called a doctor who was on duty. The doctor told the nurse to send the patient home and he told her to contact Mr Barnett’s GP in the

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