Tort Law

1515 WordsMar 18, 20117 Pages
If the defendant has duty of care to the plaintiff and breaches his duty of care, as long as it can be proved that the defendant’s careless conduct causes damage, injury or loss to the plaintiff while the damages are foreseeable, the defendant will be liable to negligence. The following shows why ABC ltd is negligent and therefore liable to Johnny and Kenneth. Negligence is behavior that falls below the standard of reasonable, prudent and competent people. The careless behavior alone of the waiter would not incur liability to ABC ltd. Only when it leads to the damage by negligence, which is actionable, would incur liability. In Donoghue v Stevenson, friends of Mrs. Donoghue bought her a bottle of ginger beer, which contained a composed…show more content…
As in Scott v London and St Katherine Docks, the plaintiff was passing the defendant’s warehouse and six bags of sugar fell and hurt the plaintiff. To escape from the liability, the defendant had to prove he is not negligent. In order to escape from the liability, the same thing needed to be done by ABC ltd. In this case, hot water was spilled over Johnny was caused by the negligence of the waiter and it caused Johnny got injury. Causation in fact is established by the “but for” test. As in Cork v Kirby Maclean Ltd, the court held that if the damage would not have happened but for a particular fault, then that fault is the cause of the damage, if it would have happened just the same, fault or no fault, the fault is not the cause of the damage. But for the restaurant’s negligence, Johnny would not have suffered injury or damage. ABC ltd will not be liable if the injury caused by its breach was too remote. The damage must have been reasonable foreseeable by a reasonable person. In this case, it was indisputable that the defendant should reasonably have foreseen the accident caused if the waiter or waitress carried hot water in imprudent manner. Thus, with the above three elements established, ABC ltd is liable to Johnny.

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