Negligence Law Case Study

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INTRODUCTION The aim of this academic work is to expatiate on the legal principle of Negligence and the principle of Duty of Care, under the Irish Law of Tort. It is important to note that, this introduction is an appraisal of what this academic work entails. Negligence as defined by Alderson B, is a failure to establish the care that a reasonable person would require in certain circumstances. And this was further emphasized in Blyth v. Birmingham Waterworks (1856): “Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.” Due to this reason negligence law …show more content…

As previously mentioned above in the following years after Donoghue v. Stevenson the scope of negligence began to expand and grow in order to accommodate the change in the times; due to this fact it even became possible for people to take cases against the public officials. One such example was the case of Home Office v Dorset Yacht Co. Ltd., [1970] AC 1004 in this case involved some boys who had been detained by the home office in Britain and escaped when the guards were asleep and ended up doing massive damage to a yacht owned by Dorset Yacht Co. Ltd; this caused Dorset to take a case against the home office. While in trial they brought up the 3 defenses but the most important being “Public policy requires that the officers should be immune from this duty.” Surprisingly Lord Reid rebuffed this defense with him stating, “The third defense fails because there are no obvious public policy issues that prevent the duty from being established” . With all these development, Lord Wilberforce was forced to redefine the neighbour principle in Anns v. Merton London Borough Council (1978) AC 728 and lord Wilberforce went on to this by redefining the steps necessary for establishing a duty of care

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