Tort of Negligence, the Duty of Care - Case Study Example

Where law has not provided for the duty of care, the test of the foreseeable plaintiff applies; the duty is not owed to the world at large, but just to a person within the extent of the harm created, that has been for the foreseeable victim5.... the duty of care serves two purposes the first is to provide a framework for various situations in which liability may arise.... One is supposed to observe standard care in order to ensure that they do not breach the duty of care....

The Tort of Negligence developed in 1932 beginning with the case of Donoghue v Stevenson which established the duty of care owed by manufacturers to end consumers.... A clear breach in the duty of care is established.... Duty of Care In the first negligence case (Donoghue v Stevenson), Lord Atkin spoke of the backbone of the duty of care known as the neighbour principle by saying that defendant must take reasonable care to avoid acts or omissions which can be reasonably foreseen would possibly injure a neighbour, one who would closely or directly be affected by any acts or omissions....

the duty of care is a type of social contract that imposes a certain degree of responsibility of an individual or organization held towards other members of society.... Breach of the duty of care is the next element that must be proven by the plaintiff.... Sullivan, [1932] UKHL 100, 1932 SC 31, [1932] AC 562, [1932] All ER Rep 1, in which the judges found that there is a duty of care toward one's neighbor.... First there is a duty of care, a breach of that duty and an injury caused by that breach....

This test helps in determining the existence of duty of care-which is a requirement for a failure to act to be deemed a claim of negligence-based the nature of the loss, relationship between the defendant of whom the duty of care is... For a failure to take action result in a claim of negligence, a duty of care must be owed to the claimant by the defendant as it was in the Donoghue v Stevenson [1932] AC 562 case, in which the judge, in his determination, argued that every person owed, his or her neighbor-someone with whom it is foreseen that, ones omissions or actions would injure-a duty of care5....

the duty of care attaches with it the concept of foresee ability as Lord Wright said in Bourhill v.... The recent decisions of the courts in negligence cases on the question of whether a duty of care is owed increasingly show that a return to the comparative simplicity of Lord Atkin's speech in Donoghue v Stevenson is overdue. ... The House of Lords by a bare majority found that a duty of care was owed to her, thereby overturning the previous decisions....

In this paper, the intention is to examine the validity of this argument by examining the duty of care, which forms the basis of this principle.... This paper, Negligence and duty of care, examines the development of this phenomenon, providing a study of its principle and paying particular attention to the development of the core elements on which this litigation rests, namely the legal definition of duty and care.... The research shows that, in some areas, the current situation in tort of negligence can be argued to be unreasonable....

From the paper "Standard of care in Negligence Actions" it is clear that the British law on negligence is based on pure objective pieces of evidence.... Furthermore, legal issues related to the breach of duty are purely based on the expected standard of care.... In relation to the standard of care in negligence actions, some reasons why the characteristics of the defendants were never taken into account will be tackled in detail.... In the process wherein the healthcare professionals are found guilty of harming the patients, the healthcare professionals may end up facing tort law such as the case of negligence....

The paper 'The Tort of Negligence, Breach of duty of care, Harm or Loss Suffered' is an affecting variant of a case study on the law.... Does a legal duty of care exist between the Rocky Shire Council and Nerla?... Relevant Law According to CLA section 9(1) (a), for a legal duty of care to exist, the risk of harm must be reasonably foreseeable, and the defendant must be in a position of control.... The paper 'The Tort of Negligence, Breach of duty of care, Harm or Loss Suffered' is an affecting variant of a case study on the law....