Unit 48-LO4 Evaluate the elements of the tort of negligence and remedies available-BTEC-HND-Level 4 & 5
Course: Pearson BTEC Levels 4 and 5 Higher Nationals in Business
Negligence is the failure to take care of something that you are required to do or a duty owed. The person can be held responsible if they do anything below the “reasonable person standard.” That means that if you should have done something but did not and someone got hurt because of it, then you were negligent. This often happens when people fail to take care of themselves.
For example, if your friend invites you over to babysit their child at home while they go out drinking for a few hours with their partners and that child takes off outside looking lost in tears because he threw his water bottle down too hard…then yeah, you could argue negligence right there.
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A tort is a civil wrong and negligence:
Definitions of a tort, the essential elements of negligence for a tort claim, and defenses to negligence claims
A tort is a legal count like assault or battery. There are two types of torts, intention, and negligence. To be able to sue for tort, you need to be sure it was one of those types.
If someone breaks their responsibility and it causes damage, this is called negligence. For example, if I drive a car at high speeds on a residential street late at night and hit your house because you were walking on the sidewalk nearby; this counts as breaking my duty-the responsibility that I have over myself and other people.
Most defenses to negligence claims are when people do their best and they still have no success. For example, if a doctor does everything he or she is supposed to do, but the patient still gets sick, the doctor has not done anything wrong. To prove that this tort claim is true, you need four things:
- A legal duty
From the Donoghue vs. Stevenson case to Carpro case – reviews of cases on the duty of care
The case of Donoghue vs. Stevenson is an example of a standard negligence case. It reads that Denis was stepping on stones into the sea with two friends, and his foot touched a live animal about six inches below the waterline. The animal’s tail whipped around in circles when he touched it before he pulled his foot out of the water quickly.
The impact left a mark on Denis’ shoe that looked like human feces. It was the same shape and size as the human intestine and it looked like it had been cut open with its contents spilling out onto the rock ledge some distance from its body opening (hole).
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The impact of tort law in similar areas, such as Consumer Protection and Occupiers Liability
Tort law is a type of law that deals with wrongful acts. It includes violations of consumer protection laws, and also issues relating to occupier’s liability. There are two types of tort: injury to a person, and property damage done by means other than bodily harm.
In general, if the claim filed against you is tort-based then it is important to find an attorney and defend yourself in court. This will happen even if your insurance company says that they will pay for part of the cost. There are consequences for both parties involved – those who file suit and those being sued.
Breach of duty and damages caused by negligence:
Legal terminology for the care expected of a person, such as about duty or right
A fiduciary duty is a responsibility or obligation. It’s the same as a legally enforceable duty of care owed to one person by another.
A fiduciary duty is a legal responsibility to someone else. People might have this responsibility because they are working in a position where they are trusted and they must deal with other people in good faith and fairness. For example, trustees, executors, and directors of companies might have this duty as long as they have certain powers to make decisions for their company.
Liability for defective products: consumer protection measures and statutory protection under sale of goods
The law of consumer protection covers the sale or hire of goods. It is intended to protect consumers against faulty or faulty products from traders. This protection, called “the right to safety”, can be exercised irrespective of whether defects are due to the nature of the product or its packaging, installation instructions on CD-ROM for example.
Breach of duty of care between professionals and clients
Professional negligence can be committed by anyone with a professional duty of care and who fails to uphold that duty. This includes lawyers, doctors, architects, etc.
Professional negligence is a legal term that refers to the various ways in which professionals (lawyers, doctors, architects, etc.) can fail to live up to their professional responsibilities. Sometimes the failure has health or safety implications for the client.
There are two obligations typically relevant in this context:
(i) informing the client of any risks; and
(ii) advising on how these risks could or should be mitigated before proceeding on more risky treatments.
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Hedley Byrne Principle and awarding economics loss to the client
Hedley Byrne is known for being used in English law. The court had to decide how to compensate a businessman whose company lost revenue after a fraudulent competitor sold his product as equivalent.
If you have a legal agreement, then you need to make sure it is clear before you decide. Two things are important. First, what type of agreement do you have? You also must find out if there was any loss and how much was lost. It can be difficult to know about losses in the past because people have not had to know about them until recently.
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