Tort Essay

In order for a court to find a defendant negligent a clai globet must first dummy up 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 ruin non to remote a consequence of the defendants duty. In Toms case the aspect of causation throw in 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 turkey is owed by this employers. The damage (loss of hearing) is predictable as the employers where aware of riotous intervention levels. The relationship is sufficiently proximate as it is employer/employee and unitary could convincingly argue that it would be just, fair and reasonable to trim back the duty of care as policy considerations are equilibrate in Toms favour. It is also seeming that his employer breed out be bound by sta tutory duty below The wellness and Safety at Work Act 1974. discontinue of duty The persecute that a claimant suffers must be predictable for the defendant to be liable, chase the principle of the reasonable man try out in which a person cannot be expected to take precautions against un previseable take chancess.

Its debatable whether during the time period of 62-68 Toms employers could yet foresee a very small chance of harm. They could argue, following Bolton v Stone that they would not 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 about 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 serious-mindedness of the consequences outweighs the chances of the harm never materialising. The more serious the...If you compulsion to get a full essay, order it on our website: OrderCustomPaper.com

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