Negligence Based On Tort Law Essay

Negligence Based On Tort Law Essay

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Issue
To determine based on the case facts, if Alma can sue Norma for negligence based on tort law or not.
Rule
To establish negligence, it is imperative that three main conditions are to be satisfied. Firstly, it needs to be proved that the defendant had a duty to care directed towards the plaintiff. Secondly, there needs to be a breach of this duty due to the negligent conduct of the defendant. Thirdly, the plaintiff should have suffered harm due to the duty to care being breached by the defendant (Lindgren, 2011). These three critical aspects of a tort along with the relevant defense that may be available to the defendant was briefly discussed below.
Duty to Care
?Neighbor test? is the most common test which is arrayed to ascertain whether in a given scenario, there is duty to care or not. As per this test, the neighbor is any individual who as per the action taker is likely to be affected by his/her decision to engage in a given action or refrain from the same (Gibson & Fraser, 2014). The arguments presented in the Donoghue v. Stevenson [1932] AC 562 at 580 cases, manifestly and undoubtedly establish it is imperative that the action taken must not engage in any activities or decisions that could potentially cause damage to the neighbour. It is essential that the scope of harm is broad and not limited to physical or monetary damage but also includes any inconvenience or emotional and mental distress. However, the duty to care were restricted to harm or damage that can be foreseeable by any reasonable action taken and does not extend to highly unlikely damages arising from the decisions of a given party (Davenport & Parker, 2014).
Breach of duty
In the wake of foreseeable damage that could potentially result from the actions of...


... middle of paper ...


...eached since Loma should have realised that she was too drunk to drive and hence should not have offered a ride to Alma. Besides, even when Alma requested her to stop the car, she did not obey which further reflects her negligent behaviour and actions. In the event, that Loma would have stopped the car when Alma requested, she would not have suffered the injuries she had. Hence, if Loma has complied with the duty to care, then the damage caused to Alma would have avoided. However, Loma could also highlight the voluntary assumption of risk in her favour as Alma knew that Lorna was too drunk to drive but still decided to take a ride home. Hence, some blame for the injury was attributed to this negligence by Alma.
Conclusion
It is apparent that Alma would be partly successful in the negligence as part of the blame lies on her for deciding to take the ride.














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