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Law of tort - Essay Example

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Tort offers an option for the victims to shift at least some of the costs for the damages that they have to bear on to others who may be partly…
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Law of tort
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Download file to see previous pages ill be obliged to pay damages for a breach of duty of care and the Court will not question whether or not the defendant has acted in a justifiable manner. On the other hand in a case of no fault liability, it is possible that a victim may not receive damages for the harm caused if there has been a good justifiable reason for the wrong that has been perpetrated on the victim.
Bearing these factors in mind, there are two avenues that Ron could consider in recovering damages in tort. On the one hand, he could bring a tort for negligence and breach of duty of care on the part of Nurse Emmanuel, and/or hold the owners of the property, i.e, Rapidbuild, responsible for his injuries under Occupier’s liability. Both the options are discussed in detail below, in order that Ron’s parents may opt for one or both the options. There is no doubt that Ron can indeed bring an action in tort, because for such an action to be actionable, some harm should have been suffered due to a wrongful act and Ron may be able to prove both of these.
The Occupiers Liability Act of 1957 imputes liability upon owners for premises that they may own, including fixed and immovable structures on it1. The fence on the land would therefore qualify as immovable property upon the land owned by Rapidbuild. The Company will be deemed to be the occupier in this case, because it is owns the property and is also in a position whereby it can exert a sufficient degree of control over the premises. Although Ron and Kevin would be deemed to be trespassers for purposes of this Act, there will be recourse available for the children. Prior to 1972, occupier liability was limited, for example in the case of Robert Addie and Sons v Dumbreck2, where a child died but Lord Hailsham limited the liability of the occupier, especially towards trespassers, when he stated that an occupier would be liable only “where the injury [was] due to some willful act involving something more than the absence of reasonable ...Download file to see next pagesRead More
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