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Law of Negligence: Compensation for Physical Injuries, Damages and Purely Economic Losses - Coursework Example

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This coursework is devoted to the Law of negligence and focuses on compensation for physical Injuries, damages and purely economic losses. The paper analyzes its common law application and its original legal contemplation to subsequent pronouncements if precedents are still relevant…
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Law of Negligence: Compensation for Physical Injuries, Damages and Purely Economic Losses
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Download file to see previous pages The Donoghue principle was later abandoned as the neighbour principle failed to consider acts which may have been committed by or against third party. This is illustrated in Home Office v. Dorset Yatch (1970) where duty of care was imposed upon public authorities when they failed to protect the interest of nearby property owners when the boys under their care escaped custody. There is no direct relationship between the public authorities and the property owners since the act or omission was perpetuated by the boys who were under their care. The ruling is anchored on the foreseeable loss against the property owners within the vicinity which excluded other property owners situated farther from the training camp. The subsequent ruling in Anns v. London Borough of Merton (1977) recognized two components to disprove negligence—the act so performed must be just and reasonable. This resulted in confusing and somewhat volatile rulings where the standards were equally evolving depending on the factual presentation thus its expansive coverage were modified. The decision in Caparo Industries v. Dickman (1990) laid down the yardsticks to determine duty of care—the injury or damage sustained by the aggrieved party was reasonably foreseeable; sufficient proximity or relationship between the parties; and it is fair, just and reasonable to impose liability. It is not sufficient that the damage is foreseeable and a duty of care exists, the circumstances giving rise to tortious acts must equally be fair, just and reasonable to impose duty. With the foregoing precedents, Simon’s claim for damages is proper as Universal failed to exercise due...
This paper examines the Law of negligence by studying several landmark cases.
The case of Donoghue v. Stevenson (1932) imposed upon every person the legal duty to accord everyone his due and to undertake the necessary steps not to inflict injury or damage to others otherwise the aggrieved party can claim for damages for breach of that duty. This overturned earlier rulings where contractual or special relationship must be shown at first glance to invoke tortious liability or when fraud is committed.
The subsequent ruling in Anns v. London Borough of Merton (1977) recognized two components to disprove negligence—the act so performed must be just and reasonable. This resulted in confusing and somewhat volatile rulings where the standards were equally evolving depending on the factual presentation thus its expansive coverage were modified.
The decision in Caparo Industries v. Dickman (1990) laid down the yardsticks to determine duty of care—the injury or damage sustained by the aggrieved party was reasonably foreseeable; sufficient proximity or relationship between the parties; and it is fair, just and reasonable to impose liability. It is not sufficient that the damage is foreseeable and a duty of care exists, the circumstances giving rise to tortious acts must equally be fair, just and reasonable to impose duty.
In Caparo Industries plc v. Dickman (1990), it was declared that no proximity of relationship between auditor Dickman and Caparo therefore Dickman owes no duty of care to the financial losses incurred by Caparo. ...Download file to see next pagesRead More
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