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What Is the Civil Liability Claims System for Negligence Liability in Ireland Criticized for - Case Study Example

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From this study “What Is the Civil Liability Claims System for Negligence Liability in Ireland Criticized for?” it is clear that this legacy it is criticized for its ambiguity, that the Irish civil litigation system has facilitated a compensation practice and widened concepts of care duty…
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What Is the Civil Liability Claims System for Negligence Liability in Ireland Criticized for
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Download file to see previous pages The focus of this analysis is to critically evaluate the judgment of Keane CJ in the case of Glencar Exploration v Mayo County Council as it pertains to the concept of duty of care in Irish tort law.
Moreover, it is submitted at the outset that in considering the impact of the Glencar decision on the tortious concept of duty of care in negligence, it is necessary to undertake a contextual review of the development of this area of negligence prior to the decision as a backdrop. I shall undertake this in section 1, with a critical review of Keane’s extrapolations in section 2.
The duty of care in the tort of negligence was firstly introduced by Lord Esher in Heaven v Pender as a precursor to the modern law of negligence in the Irish law system. Lord Esher put forward the doctrine of foreseeability as follows: “whenever one person is by circumstances placed in such a position with regard to another that everyone of ordinary sense would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger or injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such danger”.
Since the foreseeability test, the tort of negligence developed into the requirements of duty of care, breach of duty and damage. For example, in Lievre v Gould Lord Esher asserted that negligence liability could not be imposed unless the defendant owed the plaintiff a duty of care.
By analogy with the English law approach it is evident that Irish law has adopted a similar approach following the leading decision in Donoghue v Stevenson.
In this case, the plaintiff had suffered damage as a result of finding a snail in her ginger beer bottle and she bought a claim against the manufacturers for damages.  It was held in this case that even though the plaintiff had not bought the ginger beer and therefore had no rights under the law of contract, she could successfully pursue a claim against the manufacturer in the law of tort.
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