The Civil Law, Duty of Care, Standard of Care - Case Study Example

Download file to see previous pages Under the law of tort, we see that duties are imposed by law such as we should not be negligent of others, therefore this duty is owed to the community as a whole. Therefore, in this type of law there must be an infringement on the civil right of an individual, through which the wrongdoer has to compensate the injured party in the community, this injured party is therefore supposed to obtain his compensation by taking the action through which his legal rights are violated. This tort carries several elements that must concur, one should therefore prove that there was; some wrongful acts or omission by the defendant, and legal damage to the plaintiff whereby some of his legal rights is violated, the wrongful act must be of such a nature as to give rise to a legal remedy in the form of an action for damages.

So in the case of Blanche and Albert, there existed some negligence as part of the law of tort, negligence is normally defined as the breach of a duty caused by an omission to do something which a real man would do or would not do, simply it means the neglect of the use of ordinary care and skills by which the plaintiff suffers an injury. In this case, we find that Albert was under an obligation to ensure that he reverses his with great care since the parking bay was just located near business stores, which indicates that several people were moving around the stores, thus drivers in the bay were expected to drive with care less they hit an individual. To claim action in this law the plaintiff must therefore prove that the defendant owed him a duty of care, that there has been a breach of the legal duty and also he has to prove that he has suffered an injury either to his person or to his property, without the three points, then the plaintiff is not entitled to succeed in his action.

Therefore in this case between Albert and Blanche, we find that various elements of the tort of negligence were practiced these include:
Duty of Care
Under this, the law provides that if a man is near to another or near to the property of another, then there is a duty that lies on him not to do anything that may cause a personal injury to the other person or his properties. Therefore one should take reasonable care to avoid acts that he can reasonably foresee would injure the other person. ...Download file to see next pages Read More