The Concept Of Duty Of Care Law General Essay.
The essay below deals with the legal issue of whether a duty of care should be imposed on the tort of negligence. The law of England and Wales has only recognised negligence as a tort in its own right since the case of Donoghue v.
ELEMENTS OF TORT OF NEGLIGENCE 1) Defendant (D) owes a duty of care 2) D was in breach of that duty 3) Claimant (C) suffered damages caused by the breach of duty which are not too remote.
Negligence Duty Of Care. Negligence is essentially concerned with compensating people who have suffered damage as a result of the carelessness of others .One of the main ways in which access to compensation is restricted is through the doctrine of the duty of care.Essentially,this is a legal concept which dictates the circumstances in which one party will be liable to another in negligence.
It is well-established that control of a motor-vehicle creates a duty of care owed to those who might, reasonably foreseeably, be harmed by negligent exercise of that control. 2 Accordingly, it is clear that Bob, as a motorist, owed Dilbert, as a pedestrian, a duty of care.
The tort of negligence is a legal action which can be brought by a plaintiff (the harmed party), to whom the defendant (the party causing the harm), owes a duty of care, which is the duty of a person to take reasonable care to avoid causing harm to another individual. Not all careless acts result in liability.
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Breach of duty in negligence liability may be found to exist where the defendant fails to meet the standard of care required by law. Once it has been established that the defendant owed the claimant a duty of care, the claimant must also demonstrate that the defendant was in breach of duty.The test of breach of duty is generally objective, however, there may be slight variations to this.