Wednesday, May 15, 2019
Consider one area of Tort law which you feel policy factors have had a Essay
Consider one area of Tort law which you feel insurance policy factors have had a particular part to play in the development of the law.(Have chosen police immunity) - audition ExampleThere are four inherent elements to this negligence. These elements include the notion that there is a obligation to exhibit a reasonable amount of care when dealing with another individual, the buck of that duty, the notion that the breach of that duty caused physical defile to another individual and finally, the breach did in fact cause ravish from a legal standpoint. In order to examine the police immunity with regards to breach of duty indoors the realm of the tort of negligence, it is prudent that we examine the background of breach of duty and the charge of negligence resulting from it.1The tort of negligence like all other legal causes in common law arose out of a necessity based on reason wherein many different actions were brought based on the fault of individuals with regards to inflicti ng harm on others as a direct result of carelessness. It dates back to the case of Heaven v Pender (1885). This was the number one case wherein negligence was alleged wherein Pender who was a dock owner charged with the responsibility of putting up a staging outside of a ship owned by another party. He determined the staging up. An employee, who was subcontracted to paint the ship, mounted the staging and was hurt when one of the ropes supplied by the defendant broke and caused the complainant to sustain injuries. The plaintiff then brought a suit against Mr. Pender as Mr. Pender did supply the defective rope that at last broke. Additionally, there was evidence that the rope had been scorched and there was prior knowledge that the rope was unfit for funding the staging. The judge in this case ruled for the plaintiff and established a precedent with regards to negligence arising from a breach of duty.2Yet another early case in establishing the tort of negligence is the case of L e Lievre v Gould 1893 which called to task the notion of professional negligence. Professional negligence according to common
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.