Arguments Of Negligence

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‘What do you understand, legally, by the expression ‘negligence’, when does it arise and when might it concern you as a surveyor’. “The tort of negligence with its principle of liability is based upon a common duty of care” (Samuel, G. (2008) Torts: Cases and materials. 2nd ed. London: Sweet & Maxwell) The term negligence is when there is a breach in duty of care, which in turn results to damages. Negligence is caused by someone’s carelessness that leads to harm but does not mean it was intentional. “A failure to do some act which a reasonable man in the circumstances would do” (Samuel, G. (2008) Torts: Cases and materials. 2nd ed. London: Sweet & Maxwell) Surveyors need to make sure that they keep in mind ‘negligence’ for when it comes …show more content…

It's about establishing a relationship between the claimant and the defendant. “It is not a negligent act that generates a liability to pay damages in tort; it is a breach of duty of care and so if there is no duty there can be no damages action” (Murphy, J. (2007) Street on torts. 12th ed. Oxford: Oxford University Press, USA). “Duty of care is not just a matter of applying a rule, it is as much a question of method and approach” (Lord Diplock) (Murphy, J. (2007) Street on torts. 12th ed. Oxford: Oxford University Press, USA) Now failure to act on the duty of care is a breach of duty. “The importance of this duty requirement is that it was a question of law to be decided by judges and not juries” (Murphy, J. (2007) Street on torts. 12th ed. Oxford: Oxford University Press, USA). If the claimant wants to succeed in court, then he/she has to prove three things. The existence of a duty to take care, breach of duty and the resulting damage that was caused to him. These are key components in the tort of …show more content…

The claimant Mrs. Donoghue initially sued Mr. Stevenson (the company) for breach of contract but was denied as she wasn’t the person to purchase the drink, which, in fact, was her friend, she then in turn decided to sue for breach of duty of care as the beer she drank lead to physical injury itself, now for the claimant to find a snail at the bottom of drink is one thing, but for the drink to also be the cause of her gastroenteritis was another. This case determines the fact that manufacturers have a duty of care to provide for any consumer using their goods. (Lawgovpol, 2014) this case did not only “elevate the non-contractual duty of care, but it can now be broken down into a number of categories: economic loss, psychological harm, pure omissions and public bodies” (Murphy, J. (2007) Street on torts. 12th ed. Oxford: Oxford University Press,

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