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Law of Tort - Research Paper Example

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This paper discusses the law of Tort. So, the law of tort provides for remedies to parties who have suffered losses or injuries. The paper analyses hypothetical case states that the 12 children went on a seaside trip with two teachers and 1 volunteer parent…
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Law of Tort
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Download file to see previous pages In Bourhill v Young (1943)1, the court ruled that where the one party becomes morally bound to render assistance to a certain person, an in the passer-by who came to the scene of a motorcycle accident, the duty of care exists and must be satisfied otherwise the person involved shall be liable for tort of negligence if he or she fails to notify the appropriate authorities. The duty of care, therefore, is a requirement for enforcing the law of tort2.
When can we say that a duty of care exists? Our English court, in the case of Donoghue v Stevenson (1932)3, established “The Neighbour test” to gauge the existence of a duty of care. The “Neighbor test” so provides that one must take a reasonable care to avoid acts or omissions that you can “reasonably foresee as having a negative effect or otherwise injurious to your neighbours”4. In determining who shall be considered as “neighbors” under this test, Lord Atkin defined neighbors as “persons who are so closely and directly affected by my act that I ought to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called to question."
In the more recent decision of the Court in the leading case of Caparo v Dickman (1989)5, the Court ruled that the test of the existence of the duty of care involves the following questions “(1) was there foreseeability of harm? (2) Does a sufficiently proximate relationship exist between the parties? (3) Is it just, fair and equitable to impose a duty?” 6 Where these questions are satisfied, it can be said that the parties are proximately connected that the acts of the other will have direct consequences on the other parties.
Our hypothetical case states that the 12 children went on a seaside trip with two teachers and 1 volunteer parent.   ...Download file to see next pagesRead More
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