Consider the negligence liability of Quick Kitchens Ltd Law essay
To answer this question one must first review and consider the law relating to negligence, the concepts of vicarious liability and negligent misstatement, Tort Law: Negligence and Liability Essay. Exclusively available on IvyPanda. The Webster Dictionary defines tort as an act that causes harm to others. Negligence as a tort is a “breach of a legal duty of care that results in harm that the defendant does not desire to the plaintiff.” The elements of liability in tort. To sue for negligent conduct, there are the key elements that must be met: 1. Duty of Care: The defendant must owe the plaintiff a duty of care. In, The negligence formula would be unfair to plaintiffs because it places too many obstacles in the way of obtaining compensation for personal injuries. But as Lord Macmillan's assertion that “the categories of negligence are never closed” suggests how courts possess the power to expand the field of liability by introducing new duties. Elements - Duty of Care: The elements of negligence are a breach of the duty of care, that is, a causal link between the injury or property damage to the individual and the actual damage to a person or to property. Each of these elements is essential to a successful claim under tort law, but the first step: the general test used by the courts to determine factual causation is commonly known as the 'but-for' test . If the plaintiff's damages would have occurred regardless of the defendant's negligence, the negligence is not the cause of the plaintiff's damages. However, meeting the 'but-for' test may in itself be insufficient to establish this. Different common law jurisdictions reflect slight differences in the classification of the elements of negligence. Despite the minor differences, it is clear that the elements of 'duty, breach, causation and damages' cover all areas of law. Conceptually, however, negligence can be understood as involving three elements: harm, causation and conduct. The Bolam principle. The Bolam test was established following the court's decision in Bolam v Frierm Barnet HMC 1, in which the court concluded that a doctor could avoid a negligence claim if he can prove that other medical professionals would have acted in the same way The principle of reasonableness in the law of negligence is used by the courts to establish a standard that can be used in determining the existence of a duty of care, a breach of this duty, the factual and legal claims of causation, and whether such are reasonably sufficient to justify the imposition of liability on the defendant.