Tort Law of Negligence Essay

1556 Words Apr 7th, 2011 7 Pages
Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable …show more content…
In 1970, Lord Reid said that Lord Atkin's dictum must to apply unless there was some support or valid justification for its elimination Home Office v Dorset Yacht Co [1970] AC 1004.

3.2.1 Reasonable foreseeability
Foreseeability' means whether a theoretical logical person' would have foreseen damage in the circumstances. Proximity' is shorthand for Lord Atkin's neighbour principle. It means that there must be legal proximity, for instance a legal connection between the parties from which the law will attribute a duty of care. Note that a duty of care may not be owed to a particular claimant, if the claimant was unforeseeable.

3.2.2 Analogies – recognized duties of care
Establishing whether not the current case is analogous to cases in which a duty of care already been determine. For instance the category of which duty of care has been held not to exist. The law justifies all these through the word responsibility. Everyone has a responsibility for their actions. This same word, responsibility, is also used to justify strict and vicarious liability. Parents, guardians, employers and other similar persons are responsible for their wards and employees. I think this is also a balancing of the scale. Due to circumstances such as incapacity in law of inability to pay, the injured party may be
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