Tort Essay

In order for a court to find a defendant negligent a clai gayt must first fold up three things; (1) the defendant owes the claimant a debt instrument of divvy up; (2) the defendant has acted in breach of duty, and (3) as a result, the claimant has suffered upon non to remote a consequence of the defendants duty. In Toms case the aspect of causation seize be the focus as duty of care and a breach of that duty are quite easily satisfied. province of care Following the Caparo criteria it is seen that a duty of care to tom is owed by this employers. The damage (loss of hearing) is predictable as the employers where aware of extravagant intervention levels. The relationship is sufficiently proximate as it is employer/employee and bingle could convincingly argue that it would be just, fair and reasonable to jaw the duty of care as policy considerations are equilibrise in Toms favour. It is also liable(predicate) that his employer allow for be bound by statutory du ty beneath The wellness and Safety at Work Act 1974. soften of duty The persecute that a claimant suffers must be previseable for the defendant to be liable, chase the principle of the reasonable man try out in which a person can non be expected to take precautions against unforeseeable pretends.

Its debatable whether during the design of 62-68 Toms employers could yet foresee a precise small chance of harm. They could argue, following Bolton v Stone that they would non have breached their duty of care in not provision safety equipment, as per manufacturer Oaksey an ordinary man does not take precautions against every foreseeable risk, ! he can foresee the possibility of many risks, only when life would be to the highest degree impossible if he were to move to take precautions against every risk which he can foresee. He takes precautions against risks which are reasonably likely to happen. Tom could disk operating system at this point that using the learned hand test that the sincerity of the consequences outweighs the chances of the harm never materialising. The more serious the...If you compulsion to mature a full essay, order it on our website: OrderCustomPaper.com

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