Tort of negligence duty of care essay

Advanced Search Key points Negligence arising from medical acts may result in a civil action by the injured party claimant or a criminal prosecution by the state. Medical negligence is proved if all components of the three-part test are established on the balance of probabilities civil suit or beyond reasonable doubt criminal prosecution. The three-part test establishes that the doctor owed a duty of care to the patient, the duty of care was breached, and as a direct result of the breach the patient suffered harm.

Tort of negligence duty of care essay

After months of disagreement Jack moved out of the family home in July and into a rented accommodation. Jack who was completing a nightshift was trapped in the premises.

Jill initially assumed that Jack was involved in a minor incident. Arriving on scene at 7am, she witnessed numerous fire engines and ambulances. At the emergency triage area Jack had received emergency treated and was covered by a blanket, only his singed hair, blackened face, burnt hand and a tube inserted into his throat was visible.

Witnessing this cause Jill to break down and weep and shake uncontrollably. Jack was transferred to Midlands Hospital where he stabilised. Jill remained at his side for the entire week before he was discharged and returned to his family home. Subsequently Jill brought about a claim for negligently inflicted psychiatric harm as she displayed Post-traumatic stress disorder and suffered frequent flash backs of the scene.

The Trial Judge Lean found the following facts, i Jill had suffered a medically recognised psychiatric disorder from nervous shock, ii When Jill first saw Jack, he was in a controlled state and was not being treated, iii Jack and Jill subsequently divorced.

Judge Lean found that Jill could recover as secondary victim on the grounds that, as spouse it was clear that she had a close tie of love and affection with Jack and arriving at the factory Jill had witnessed the immediate aftermath and was therefore proximate to the accident in time and space.

January, Date submitted: May 05, Coursework ID: The school has been standing empty while ABC attempts to find a buyer for the site. Although ABC placed fencing around the site, local residents reported that youths had broken into the site on a number of occasions.

Last week a group of youths from a nearby young offenders institution, operated by Chigley Services Ltd CS under contract to the Home Office, broke into the disused school and set fire to it. The youths had been clearing rubbish from a neighbouring stream and were supposed to have been under the supervision of Justin and Jason, both of whom are CS employees.

However, Justin and Jason had gone for a cigarette break and left the youths unsupervised at the time the break-in occurred. It is likely to be many weeks before the business can reopen and Mark stands to lose many thousands of pounds in lost profits.

It later transpired that the fire would not have had time to spread to neighbouring property had the Fire Brigade acted more swiftly. The Amber Valley Fire engine was unavailable at the time and another engine had to be dispatched from Leicester.

The crew got lost on the way because they put the wrong address in the sat-nav satellite navigation device. Advise Mark in respect of any claims he may have if any. In this question, we are asked to advise Mark as to the possible claims he might have.

March, Date submitted: April 23, Coursework ID: Introduction This question requires an examination of the tort of negligence, specifically in relation to establishing the necessary causative links to permit the recovery of damage. A successful claim in the tort April 08, Coursework ID: Advise Murphy in respect of any claims he may have if any.

In order to have a successful claim in a tort case, it must be clear that the defendant owes claimant a duty of care and there was a breach of the duty April 26, Coursework ID: The law on private nuisance, frequently presents a number of uncertainties with respect to its application in any given scenario February, Date submitted: April 15, Coursework ID: June 27, Coursework ID: This is not to disparage the value of and need for a test of liability in tortuous negligence, which any law of tort must propound if it is not to become a morass of single instances.

But it does in my opinion concentrate attention on the detailed circumstances of the particular case and the particular relationship between the parties in the context of their legal and factual situation as a whole. There is a current debate within the tort of negligence as to which approach should be utilised to establish if a duty of care is owed in a novel situation.The Tort of Negligence Essay - “The categories of negligence are never closed”.

[Lord Macmillan in Donoghue v.

Tort of negligence duty of care essay

Stevenson- ()] The tort of negligence is a relatively recent phenomenon, which has come to become the most dynamic and rapidly changing areas of liability in modern law.

This essay has been submitted by a law student.

Tort of negligence duty of care essay

This is not an example of the work written by our professional essay writers. The tort of negligence. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.

Issue duty of care The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1], ‘Duty 0f Care’ has been established in common law: 1.

Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. This essay has been submitted by a law student.

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This is not an example of the work written by our professional essay writers. Tort and Negligence Duty of Care Law | Free Tort Law Essay. The introduction lays down the paper's general outline. Then the tort negligence is followed, and then the element of the duty of care respectively.

Furthermore, the development of the law of negligence is explored to ensure the element of duty of care treats both parties fairly, then a conclusion. Issue duty of care The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’.

Because of the case of Donoghue v Stevenson [1], ‘Duty 0f Care’ has been established in common law: 1.

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