Nobody downloaded yet

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

Comments (0) Cite this document
Summary
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…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.6% of users find it useful
What Is the Civil Liability Claims System for Negligence Liability in Ireland Criticized for
Read TextPreview

Extract of sample "What Is the Civil Liability Claims System for Negligence Liability in Ireland Criticized for"

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.
...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(What Is the Civil Liability Claims System for Negligence Liability in Case Study, n.d.)
What Is the Civil Liability Claims System for Negligence Liability in Case Study. Retrieved from https://studentshare.org/law/1721142-1critically-discuss-the-judgement-of-keane-cj-in-the-case-of-glencar-exploration-plc-v-mayo-county-council-2002-1-ir-84-as-it-pertains-to-the-concept-of-the-duty-of-care-in-irish-law
(What Is the Civil Liability Claims System for Negligence Liability in Case Study)
What Is the Civil Liability Claims System for Negligence Liability in Case Study. https://studentshare.org/law/1721142-1critically-discuss-the-judgement-of-keane-cj-in-the-case-of-glencar-exploration-plc-v-mayo-county-council-2002-1-ir-84-as-it-pertains-to-the-concept-of-the-duty-of-care-in-irish-law.
“What Is the Civil Liability Claims System for Negligence Liability in Case Study”, n.d. https://studentshare.org/law/1721142-1critically-discuss-the-judgement-of-keane-cj-in-the-case-of-glencar-exploration-plc-v-mayo-county-council-2002-1-ir-84-as-it-pertains-to-the-concept-of-the-duty-of-care-in-irish-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF What Is the Civil Liability Claims System for Negligence Liability in Ireland Criticized for

Civil liability

..., 1997). The case of Michael Swan v. City of Hueytown showed that the dispatchers and police officers qualify for state- agent immunity from tort liability. However, sometimes it may prove difficult to difference between negligence and liability as there is a very thin line between them. Besides, since NCIC system may be complex too complex to someone with insufficient training about it, it is vital that all dispatchers and other personnel operating it be trained sufficiently. Need for diligence and accuracy should be emphasized because a single error can lead to difficulties; for example, a single typing error in the case of Swan led to him being arrested. Information relayed by the dispatcher are used to make critical decisions... ?...
10 Pages(2500 words)Research Paper

Malpractice/negligence and liability

...? Malpractice/Negligence and Liability Malpractice/Negligence and Liability Negligence, in nursing and medical terms, may be defined as a failure to take action in certain situations as a rationally sensible person would have if presented with similar circumstances (Leonhardt, 2009). Such negligence also occurs by failure to act by practitioners with knowledge of the situations but instead deviate from laid down protocols and procedures without valid reasons, resulting in patients’ injury or death. Medical malpractice is a demonstration of disregard in a medical practitioner’s professional and licensed faculty, illustrated by not adhering...
4 Pages(1000 words)Essay

Malpractice/negligence and liability

...? Malpractice/negligence and liability Malpractice/negligence and liability Introduction: The concerned nursein the case was working in a critical care unit, but was later accused of diverting the narcotics for personal use. In addition, the hospital facility had previously implemented a computerized system that could facilitate in the narcotic distribution process in the facility. In this case, every nurse in the health facility has the personal responsibility of documenting the time, details and dosage that has been administered to each patient. In the above case, the authorities in the health facility discovered a discrepancy that the written documents could not reconcile with the electronic date record (Lyer & Aiken, 2001... ). The...
4 Pages(1000 words)Assignment

Malpractice/Negligence and Liability

...on the fact that her husband needed to commit suiside after which proper action would have been taken. This is contributory negligence on her part punishable by law. The court is likely to rule that the hospital compensate in form of damages to the wife with a lesser amount equal to the part of her contributory negligence in the case. In this case, both will have been liable based on the propotion of their contribution. It can also rule that Antonio was not a voluntary patient and therefore the wife is not to be compensated. Examples of court decisions that support my opinion relate to Estate of WilliamsVMarworth. In this case, the plaintif had claims that the rehab facility had a...
3 Pages(750 words)Assignment

Civil Liability and Self-Defence

...Civil Liability and Self-Defence Advice to Bill about the Physical Assault Committed by Alex I will advise Bill to file a complaint for civil damages against (1) Pumps and Pipes, the temporary employer, (2) Jobs Galore, the labour contractor and employment agency of Alex, and (2) Alex herself for having concluded a hasty but unfounded judgment which prompted her to hit Bill. While there was physical injury or battery, I will not counsel Bill to file a criminal action against Alex because there was no malicious intent on the part of the latter when she hit Bill albeit Alex is still civilly liable under the principles of the law on torts. On the basis of the attendant facts, it would...
10 Pages(2500 words)Case Study

Civil Liability

...CIVIL LIABILITY Introduction Negligence is the failure of a person to observe a reasonable care in the performance of an act that oftentimes resultto injury to persons or loss to property. In other jurisdictions, they call it as tort. Tort is a private or civil wrong or injury, other than breach of contract, for which a court of law may provide a remedy through a lawsuit for damages or compensation. When a person violates his/her duty to others created under general (or statutory law), a tort has been committed. Negligence gives rise to a cause of action.1 The cause of action is the heart of the complaint, which is the pleading that initiates a lawsuit....
8 Pages(2000 words)Essay

Product Liability Claims in the UK

...), where the EU treaty prohibits such discrimination to In the case of NEC Semi-Conductors Ltd, et al. v. CIR (November 24, 2003), the UK Court’s conclusions about discrimination were based upon the freedom of establishment principle, under Article 43 of the EU Treaty (www.bnatax.com). However, as opposed to this case law of U.K. Courts deciding in favor of establishments outside the U.K. being protected from discrimination, recent Japanese decisions on product liability claims reveal an opposite trend. The decision of the Nagoya District Court on 30th June 1995 went against MacDonalds and they were held liable for damages revealing that Japanese courts do not impose a burden of proof in...
18 Pages(4500 words)Essay

Civil Liability and Private Police

...in a criminal trial the company bringing the charges refuses to compensate them for its negligent acts or reemploy them. The only recourse available to provide compensation for the injury is an action against the employer and the security personnel, who, through their negligent action caused the employees injury. Consequently, the courts require the injuring company to fulfill amoral obligation to the injured employee through the civil liability process. As a result of poor security practices, a company that recklessly and wantonly disregards the rights of its employees must compensate those employees for injuries received, and face punishment in the form of punitive...
5 Pages(1250 words)Essay

Liability & Negligence

...Case Study: Liability & Negligence In the case presented, there are different people who may be found liable for the Pilot’s accident. One of the parties who can be found liable for the Pilot’s accident is the pilot himself. The manufacturer of the aircraft can also be found liable for the pilot’s accident. Another party who can be found liable for the pilot’s accident is the pilot’s instructors. The seller or distributer of the aircraft would also have been liable for the pilot’s accident. Lastly, the insurer of the aircraft can also be found liable for the pilot’s accident. There are various reasons why the entities mentioned above can be found liable for the pilot’s accident. The manufacturer of the...
3 Pages(750 words)Case Study

Police civil liability

.... The police can not be held reliable for the pursuit because they were pursuing a suspected criminal. The pursuit could not have been there if Tipsy had stopped at the first time. The main cause of the pursuit is Tipsy and he was the one reliable for the accidents which took place. The court will not hold the officers reliable so the plaintiff will not get any compensation. The plaintiff filed a claim against the wrong people and should have filed the claim against Tipsy who died in order to get compensation. The accident was also caused by Tipsy who was the main cause of the pursuit. The police action in the pursuit did not contribute to the accident and deaths caused. The court will analyse all those...
32 Pages(8000 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 Case Study on topic What Is the Civil Liability Claims System for Negligence Liability in Ireland Criticized for for FREE!

Contact Us