Nobody downloaded yet

The Negligence In Term Of Law - Essay Example

Comments (0) Cite this document
Summary
The paper "The Negligence In Term Of Law" gives information about the definition of negligence and some other definitions related to it as covered in the Act. The writer of thepaper also discusses and detailed analyzes some of the examples of negligence…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.9% of users find it useful
The Negligence In Term Of Law
Read TextPreview

Extract of sample "The Negligence In Term Of Law"

Download file to see previous pages The above definition has been taken from the case of Ryland.
According to the Civil Act 2002 Section 42, the first part of negligence is the duty of care:
“the standard of care required of the defendant is that of a reasonable person in the defendant’s position who was in possession of all the information that the defendant either had or ought reasonably to have had, at the time of the incident out of which the harm arose”
 After ascertaining that there was a duty of care, the plaintiff has to prove that there was a breach of such duty, which resulted in an injury to the Plaintiff.
In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must prove that the defendant had a duty to the plaintiff, the defendant breached that duty by failing to conform to the required standard of conduct, the defendant's negligent conduct was the cause of the harm to the plaintiff, and the plaintiff was, in fact, harmed or damaged.
The defense of Marvin would be the appropriate precaution of risk, and before concluding that argument let us define and precaution of risk as covered in the Act:
“A person is not negligent in failing to take precautions against a risk of harm unless— (a) The risk was foreseeable (that is, it is a risk of which the person knew or ought to have known); and (b) the risk was not insignificant; and (c) in the circumstances, a reasonable person in the person’s position would have taken those precautions.”...
The defence of Marvin would be appropriate precaution of risk, and before concluding that argument let us define and precaution of risk as covered in the Act: “A person is not negligent in failing to take precautions against a risk of harm unless— (a) the risk was foreseeable (that is, it is a risk of which the person knew or ought to have known); and (b) the risk was not insignificant; and (c) in the circumstances, a reasonable person in the person’s position would have taken those precautions.”4 Marvin has the defence of saying that he took enough precaution against the risk, but the pothole was in such a place that any other person in a similar situation would not have been able to avoid the accident. Along with this fact, the bike did not get damaged and Norton faced injury due to the fact that he had already been injured at the spot where he fell, which resulted in the aggravation of such injury. The right of Marvin is to sue the University of Canberra under the common law principle for not taking enough precaution in order to avoid the pothole where the bike crashed. He can transfer the liability onto the college by arguing on the basis of negligence on the part of college through not maintaining the University campus in the right order. The liability of Marvin is the fact that his actions caused injury to Norton, and on top of that he was drunk while he was riding. He did not take enough care and precaution when he knew while being drunk he should not have ridden the bike. Moving onto Norton, let us first deal with his liability. Norton was the one who introduced Marvin for drinking to drown his sorrows. From this point it can be inferred that he was totally aware of what was ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Negligence In Term Of Law Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved de https://studentshare.org/law/1391500-problem-solving
(The Negligence In Term Of Law Essay Example | Topics and Well Written Essays - 1500 Words)
https://studentshare.org/law/1391500-problem-solving.
“The Negligence In Term Of Law Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/law/1391500-problem-solving.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Negligence In Term Of Law

Negligence and tort law

...? Negligence and tort law of Outline 0 Part I 1 Negligence and tort Law 1.2 Structure of Negligence 1.3 Duty of Care 1.4 Breach of duty 1.5 Legal and Factual Causation 1.6 Harm 1.7 Damages 2.0 Part II 2.1 Case analysis 3.0 Conclusion 4.0 References PART I Negligence and tort law The branch of Tort law covering negligence involves harm that results from a failure to take due care that a prudent person in the same circumstance as the tortfeasor would have.it is part of English Common Law and as such its development is hinged on judicial decisions. It does not cover injury...
7 Pages(1750 words)Essay

Law - Tort of Negligence

...? Tort of negligence of Institute Introduction Though Castle Cricket Club has remedy in contract as there was no consideration given it can still sue Brunel under the tort of negligence. The tort of negligence is a tort that awards damages for a breach of duty owed by the defendant to the plaintiff resulting in damage to the plaintiff undesired by the defendant (Keenan, 2007. P. 265). The tort of negligence was created in the House of Lords in 1932. Before then, the courts studied the circumstances of the case and so if there was precedent and decided, based on all these, if the plaintiff was entitled to redress. Tort of negligence There was no set rule...
6 Pages(1500 words)Essay

Business Law- Law of Negligence

...?Negligence Tort of negligence occur where the following elements exist and can be proven duty of care and the breach of thereof, causation, and the damage itself (Mann et al, 2009). These elements have to be proven for a negligence case to be successful; however, the most essential element is duty of care. There are two types of duty of care, duties that are recognized by law and duty imposed by circumstances (Miller & Jentz, 2003). In addition, there is the issue of whether a certain risk was foreseeable; in which case, if it was not foreseeable the person responsible for the damage cannot be liable. Helen’s claim for her injuries and lost earnings against Metro plc....
7 Pages(1750 words)Essay

Negligence Law Essay

...Explain what a claimant needs to prove to establish liability in negligence, using case law to illustrate your answer (40 The basis for a negligence claim is that there must be a duty which was breached, and the breach of the duty causes damages – duty, breach, causation, damages.1 The plaintiff must prove each of these elements to prevail on a negligence claim. Therefore, each of these elements must be discussed.  The element of a negligence claim is duty – that is, that the person, the tortfeasor, must have some sort of duty towards the victim of the tort. 2 English law traditionally stated that there must be some sort of privity...
9 Pages(2250 words)Essay

Law of Torts: Negligence

...to the negligent act of the defendants is economic loss, the law provides a time limit of 6 years within which the suit can be filed by the Larkin. All the documents related to the case must be filed at least 90 days before the time limit lapses. This in practical terms translates to 5 years and 9 months. Larkin must note that failure to meet the time limit will render the suit null and void (Kelly, Hayward, Hammer and Hendy (2011). Pauline Pauline also has a genuine case, since it is the negligent act of Cascades of Fire Ltd and Jed that triggered the events that resulted into damage to his car by Larkin’s bull. This is based on the fact that the defendants failed to...
5 Pages(1250 words)Essay

Contract Law and the Law of Negligence

...Education Center, 2013). Alec has a duty towards Kelly, just like that towards any other person on the walkway. In some instances, the act or omission of the defendant could cause damage to the claimant. However, the claimant may not have any action, because the affected interest may not be provided with the protection of the law. This situation is termed as harm without legal wrong or damnum sine injuria (Cooke, 2011, p. 5). Alec’s rash driving resulting in damage to Kelly’s shop attracts the provisions of the law of negligence. A defendant could be made liable for committing a tort, if the act had been intentional. This usually takes place in crime. Liability is also...
8 Pages(2000 words)Essay

Psychiatrict-negligence in Tort Law

...? Psychiatry-Negligence in Tort Law 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. This study shall immensely rely on various tests and examinations, based on current tort law, to draw reasonable conclusions regarding whether the primary, secondary, and tertiary victims in this case should receive damages...
5 Pages(1250 words)Essay

Company Law negligence

...employees; the need to foster the company's business relationships with suppliers, customers and others; the impact of the company's operations on the community and the environment; the desirability of the company maintaining a reputation for high standards of business conduct, and; the need to act fairly as between members of the company.6 This duty is subjective as per Lord Wilberforce in Howard Smith Ltd v Ampol [1974] AC 821 : "There is no appeal on merits from mangement decisions to courts of law: nor will the courts of law assume to act as a kind of supervisory board over decisions within the powers of maangmeent honestly arrived at".7 In general, the short term view would be...
4 Pages(1000 words)Case Study

The Law of Negligence

...of care was owed to her, thereby overturning the previous decisions. Lord Atkin formulated on the general conception on which a duty of care was determined upon or in other word the famous "neighbor principle". The principle said that all reasonable care should taken to avoid acts or omissions from which it was reasonably foreseeable would injure the neighbor. This case started to recognize what had been termed the social wrong and so based negligent liability by determining the fault. Damage also is an essential part for proving neglige3nce and so the claimant must prove that an injury was sustained as a result of the defendant's negligence. Fault, damage ad causation is necessary but...
8 Pages(2000 words)Essay

The Law of Negligence

...father are secret and naughty. However, Louisa gives the appearance of being a happy child who is in good health. Andrea and Sella therefore tell Sandra that they see no reason to take things any further. When she remonstrates with them, Sella tells her that she is being typically hysterical and unreasonable - like all Italians - you just dont understand our culture. Three weeks later, Michael is arrested for raping Louisa and breaking her arm. He is subsequently convicted and sentenced to a term of imprisonment. Advise Louisa on any claims that she may have in negligence. In order to be able to advise Louisa on any claims she might have in negligence against either the police or the...
5 Pages(1250 words)Essay
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.

Let us find you another Essay on topic The Negligence In Term Of Law for FREE!

Contact Us