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Torts and Cyber Torts - The Duty of Care - Essay Example

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This paper 'Torts and Cyber Torts - The Duty of Care" focuses on the fact that the notion of a duty of care implies that some behaviours or actions can be accepted and others cannot. The fundamental premise behind the duty of care is that individuals have the liberty to behave as they want to. …
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Torts and Cyber Torts - The Duty of Care
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Being one of the employees in the arts and crafts show, Jason Davis has the duty to make sure that the premises are safe (Miller & Jentz, 2009, 95). The fact that he was standing near the exit implies that he was placed there for a reason, perhaps to make sure that the pedestrians were safely leaving the premises. Hence, he has the duty to act carefully. Second, Jason Davis should have anticipated the possible consequences of turning around abruptly, especially knowing that pedestrians were still passing by. Due to this lack of foresight, he was not able to protect Yvonne Esposito from a serious injury.
These two factors imply that Jason Davis violated the duty of care. Being a professional, he violated his duty of care toward a customer, which is basically professional negligence. Ultimately, he failed to protect Yvonne Esposito from a foreseeable risk. Therefore, the complainant has legally valid reasons to pursue a case of negligence against Jason Davis.
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