The Plaintiff for Negligence - Case Study Example

In the case of Bernstein of Leigh (Baron) v Skyviews & General Limited, the defendant was legally sued by the plaintiff for taking an aerial photo of the defendant's house for commercial purposes.... xamples of Tort Cases Related to Real Property Nuisance is legally defined as 'a wrongful interference with the plaintiff's use or enjoyment of property'.... Under the English tort law, the landowners can sue another party that causes direct or indirect damages to the property, nuisances, or negligence....

The tort of negligence is a tort that awards damages for a breach of duty owed by the defendant to the plaintiff resulting in damage to the plaintiff undesired by the defendant (Keenan, 2007.... Before then, the courts studied the circumstances of the case and so if there was precedent and decided, based on all these, if the plaintiff was entitled to redress.... In this case the plaintiff's friend offered her a ginger beer that was manufactured by the defendants....

The House of Lords agreed unanimously to hold the claim of the plaintiff for psychiatric illness as to sail through.... The House of Lords came to the agreement that in case of any physical injury affecting a plaintiff in circumstances that are foreseeable, no matter how trivial they may be, but end up not taking place, then the plaintiff is viewed to be in a position to recuperate from psychiatric illness even without concerns on whether the condition was foreseeable....

Typically, a defendant in a negligence suit tries to negate one of the elements of the plaintiff's cause of action.... Unlike contributory negligence, comparative negligence need not be a complete bar to the plaintiff's recovery, but acts only as partial bar resulting in a percentage deduction from otherwise recoverable damages.... Contributory negligence has thus been defined as conduct on the part of the plaintiff which falls below the standard of conduct to which he should conform for his own protection, and which is a legally contributing cause in bringing about the plaintiff's harm....

McLoughlin v O'Brian 1983 AC 410 In this case, the plaintiff's husband and their three children were involved in a road accident that was allegedly caused by negligence of the defendants.... The accident caused the death of one of the plaintiff's children while the husband and the other two children sustained serious injuries.... When the accident happened, the plaintiff was at home two miles away from the scene.... A motorist who witnessed it at the scene passed the information on the accident to the plaintiff....

The notion of proportional liability is alien to the common law, and on the establishment of contributory negligence, the plaintiff's claim is set aside in its totality.... This permits a negligent defendant to rely upon a comparatively minor piece of carelessness on the part of the plaintiff, to evade liability for his much more serious negligent behavior.... The trial court judge discerned contributory negligence on the part of the plaintiff and ruled that the responsibility for the loss was to be shared equally by the plaintiff and defendant (Astley v Austrust Ltd, 1999)....

This report "Tort of Negligence" examines the case of Castle Cricket Club and whether it can sue Brunel under the tort of negligence, a tort that awards damages for a breach of duty owed by the defendant to the plaintiff resulting in damage to the plaintiff undesired by the defendant.... In this case, the plaintiff's friend offered her a ginger beer that was manufactured by the defendants.... The defendants argued that if they had a contract, it was between them and the plaintiff's friend, who was in fact the one who bought the drink....

The amount of recovery obtained if the class of the plaintiffs wins is divided among the plaintiffs when the court finds the defendant liable for the plaintiff's injuries.... In this particular case, the class action is basically a result of corporate negligence.... Similarly, it always becomes impossible or even impractical for the plaintiffs to file individual lawsuits especially where the number of the individuals affected by the corporate negligence or misconduct is high....