Negligent Tort Case Study

1254 Words6 Pages
Introduction: Tort is defined as conditions where the illegal conduct of one party causes harm to another party. For example, party A had to face loss due to unethical or wrongful deeds of party B. Tort can be either negligent that is unintentional or intentional. Some examples of intentional torts include fraud, defamation, offense, insult, assault or interference among others. For example, during a business meeting, an employer suffers from reputation loss or insult due to the wrong deeds of another employer, with whom he had a clash before. Negligent Tort refers to the conditions under which the law will hold an individual, who has a duty of care to another individual; that is legal personnel will grab the person who is responsible for any…show more content…
Besides that it will discuss concepts related to duty of care, the standard of care, breach of the duty of care, actual causation, proximate causation, actual injury, and defenses to negligence and finally discuss consumer statute in conjunction with a product recall. Product Subject to Recall The website Consumer Product and Safety Commission consists of numerous cases with respect to product recall. Of special focus is the subject related with the packaging of medicines. Target-Mins Iron Supplement Bottles, a product of Country Life had been subjected to negligent tort due to lack of child-resistant packaging due to which they face a severe decline in their reputation (CPSC, 2013). Later, protestors forced them to recall their products; corporation did what protestors demand because these protestors carry huge market of customers so as they carry dominance, corporation have to fulfill their command. Actually, they have designed their packaging in such a way that does not display its concern with children. According to the research conducted by laboratories of United States; it is determined that if any child took these pills excessively; he or she can have immediate…show more content…
Country Life controlled the situation by personally communicating and apologizing with public; they promise to be careful next time. Discuss the Concepts of Duty of Care, Standard of Care, Breach of the Duty of Care, Actual Causation, Proximate Causation, Actual Injury, and Defenses to Negligence. The duty of care is a concept that deals with fulfilling of responsibilities seriously and carefully and to avoid careless mistakes that can cost others. It is not a responsibility not to act carelessly but goes further to protect the pretender and make certain that damage is not imposed carelessly. For the loss to be actionable, it has to be shown that the sense of duty enlarged to the careless infliction of the variety of harm of which the claimant protests, on the class of persons to which he belongs, and by the category of person to which the defendant belongs. The standard of Care is the vigilance, attention, fairness, watchfulness, and discretion that a reasonable person in the circumstances would exercise (Thomas, 2009). Breach of duty of care is the same as a fault; it is negligence that converts into
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