StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Law of Torts: Negligence - Essay Example

Cite this document
Summary
Law of Torts: Negligence Negligence pertains to doing or failing to do something that a reasonable person would or would not do under certain situations, which causes injury, damage, or losses to another person as a result (Keenan and Smith 2006). Any person suing for negligence is potentially seeking financial compensation for damages…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.3% of users find it useful
Law of Torts: Negligence
Read Text Preview

Extract of sample "Law of Torts: Negligence"

Download file to see previous pages

In this case, whether or not negligence has occurred will be a matter of satisfying that: the defendant owed the plaintiff the duty of care; the defendant breached that duty of care; the plaintiff suffered injury or other damages; and the damage or injury is caused due to the breach of the duty of care owed to them. All these elements must, first be satisfied by the plaintiffs in order to be able to succeed in getting damages failure to which no damages will be awarded. The boys For the boys to be able to recover damages, first they will have to satisfy the court that the defendants owed them some duty of care, which is breached by the defendant, thereby resulting into injuries as a result of the breach of that duty (Keenan and Smith 2006, p.47-52). Based on the case, it is apparent that Cascades of Fire ltd owed the boys some duty of care, since it is under obligation to avoid causing harm, as the nature of its works is that which can potentially cause harm and injuries if care is not taken.

It is also evident that Jed and Cascade of Fire breached this duty of care by negligently allowing the boys to pick padlock on the warehouse gate without their knowledge. The court in this case will be concerned with the standard of care. In this case, it is apparent that Jed and Cascades of Fire as defendants failed to observe a standard of care, which a reasonable person would have exercised in the circumstance. If Jared and Cascades of Fire could have been careful, they would have not allowed the boys to get access to the padlock of the warehouse, thereby amounting to a breach of duty of care.

The breach of the duty of care also resulted into injury to the boys. As a result, the boys can potentially succeed in recovering damages for the injuries sustained due to the negligent acts of the defendants. It is also worth noting that the defendants may argue on the basis of contributory negligence. Contributory negligence occurs when the injured person is found to have contributed to the cause of their injury or loss (Adams 2008). However, since the boys still appear to be minors, they will be held to a different standard of care than adults.

According to Kelly, Hayward, Hammer and Hendy (2011) minor’s negligence is evaluated by the courts against what a reasonably careful person of the same age, experience and mental capacity would exercise under similar circumstances. In fact, very young minors are presumed to be incapable of negligence. Most jurisdictions hold that minors act upon childish instincts and impulses when determining injuries to minors. As such, Jed and Cascades of Fire ltd knew or ought to have known that the boys were around, or were likely to be present in the compound, and therefore ought to have exercised greater vigilance.

Therefore, despite the fact that the boys actually contributed to the cause of their injuries, they will still succeed in recovering the damages but the court will reduce the claim according to the extent they will have been found to have contributed to the damage or loss. As such, they should proceed and file a lawsuit against, Jed and Cascade of Fire Ltd. What the boys must also know is the time limit required in making a claim for damages arising from personal injuries. In this case, there is a time limit of three years within which the boys can file the lawsuit.

Law also requires that the documents be filed at least 90 days before the

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Law of Torts: Negligence Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Law of Torts: Negligence Essay Example | Topics and Well Written Essays - 1250 words. Retrieved from https://studentshare.org/law/1456615-law-of-torts-negligence
(Law of Torts: Negligence Essay Example | Topics and Well Written Essays - 1250 Words)
Law of Torts: Negligence Essay Example | Topics and Well Written Essays - 1250 Words. https://studentshare.org/law/1456615-law-of-torts-negligence.
“Law of Torts: Negligence Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/law/1456615-law-of-torts-negligence.
  • Cited: 0 times

CHECK THESE SAMPLES OF Law of Torts: Negligence

How a Failure to Take Action May Result in a Claim of Negligence

The key function of the law of torts is to offer remedies to those claimants who have suffered loss, infringements of rights or harm, which may include physical injury to property or persons, damage to financial interests and reputations of persons, and interference with a person's enjoyment and use of their property such as land.... This is because; the law of Tort requires that a claimant must be able to show that the tort caused them a loss and that the person who is committing the tort owed them a duty of care2....
5 Pages (1250 words) Essay

What Problems Does the Jury Face When Science Enters the Courtroom

negligence, strict liability, common law and UAE Civil Transactions Law Introduction In case of pre-existing relationship, liability arises out of obligation through promise and this is the binding basis of law in respect of contractual liabilities.... It therefore follows that when a person is injured due to default of another though not wilful, he is entitled to compensation for the injury sustained through negligence or folly of another.... For example, pedestrian being injured due to negligence of coachman....
8 Pages (2000 words) Essay

Psychiatrict-negligence in Tort Law

Psychiatry-negligence in Tort Law Name Tutor Course Date For tortuous claims of liability in a negligence case to be successful, various basic pre-requisites require immediate and keen consideration.... The requirements of the contemporary tort stipulation of negligence appeared in a case that is under assessment in this explication, whether the claimants deserve rightful damages for their asserted claims of negligent psychological injury.... The modern tort of negligence as observed in numerous cases requires the existence of a care duty that the claimant owes the defendant, violation of duty and considerable injury or sabotage, which emanates from that violation....
5 Pages (1250 words) Essay

Law of Torts: An Action in Negligence

An essay "law of torts: An Action in Negligence" discusses that establishing whether there is an action in negligence requires that a duty is owed by the defendant to the claimant and that there has been a breach of that duty and finally that the alleged harm caused as a result of that breach.... hellip; “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....
6 Pages (1500 words) Essay

Negligence in Law of Torts

The author examines negligence in law cases.... In an action for negligence the plaintiff has to prove that the defendant owed a duty of care to the plaintiff, the defendant made a breach of that duty and the plaintiff suffered damage as a consequence thereof.... nbsp;… negligence as a mode of committing certain torts, e.... In this context, it denotes the mental element, and negligence is also considered as a separate tort....
8 Pages (2000 words) Case Study

Differentiate between Negligence, Intentional and Constitutional Torts

Tort lawsuits are of mainly three kinds and… Three kinds include: constitutional, negligence and intentional torts.... Criminal justice officials have to fight a negligence tort if they are creating a danger to the wellbeing of Tort Affiliation Tort The word tort is referred to the act of injuring an individual conducted by another individual.... Three kinds include: constitutional, negligence and intentional torts.... Criminal justice officials have to fight a negligence tort if they are creating a danger to the wellbeing of citizens (Peak, 2011, p....
2 Pages (500 words) Essay

The Drug and Substance Abuse

law of Tort – NegligenceApril 11, 2006Law of Tort – NegligenceIntroductionThe case under analysis is a fictional case about Negligence in Tort.... The case is about Lydia van law of Tort – NegligenceApril 11, 2006Law of Tort – NegligenceIntroductionThe case under analysis is a fictional case about Negligence in Tort.... he paper explains the case in detail, along with providing an analysis of the case with reasonable evidence taken from several other cases based on the same law of Tort and Negligence....
6 Pages (1500 words) Essay

Negligence in the Parlance of the Law of Tort

"Negligence in the Parlance of the law of Tort" paper analizes a case of negligence under the law of tort.... The law of tort is that branch of law that consists of various torts or wrongful acts whereby the wrongdoer violates some legal rights vested in another person.... Scully has got, according to the law on negligence.... The initial burden of making out at least a prima facie case of negligence as against the defendant lies heavily on the plaintiff, but once this onus is discharged, it will be for the defendant to prove that the incident was the result of an inevitable accident or contributory negligence o the part of the plaintiff....
6 Pages (1500 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us