The definition of negligence "liability in the tort of negligence arises where foreseeable damage to the plaintiff is caused by the defendants breach of legal duty to take care. As the client has obtained an injury they have looked into compensation for the accident if we as the company hadn't taken the necessary precautions to ensure the safety of all clients, such as safety equipment and making sure it is all secure, then they would have a case, which would be under negligence. The tort of negligence has wide application and includes liability for losses or injury suffered at work, on the roads, in a dangerous premises, or as a result of medical accidents, professional malpractice or defective products. Us as the defendants would only be liable if the court is satisfied that we failed to take reasonable care.
Occupiers Liability Act
Occupiers Liability Free Essay Sample
Adam may be found to be liable for damages under a number of pursuing claims under tort. The relevant matters, which need consideration, are; Charles who was coming up Adam's path to sell him some insurance, Diana whom had stepped through the door of Brenda's house to see if she needed some shopping and Edward who was walking by number three on the highway, and there is also a likelihood of a claim from Brenda for the loss of home. When considering Charles position it is necessary to consult the Occupiers Liability Act , in which section 2. This common duty of care is owed to all of an occupiers visitors except in so far as he is free to and does extend, restrict modify and exclude his duty to any visitors or visitors by agreement or otherwise. The common duty of care is only required to be in accordance with the purpose for which Charles entered the premises; section 2 2 OLA , therefore the premises must be in a adequate state in order for Charles to make his insurance proposal. Now that a duty has been established it needs to concluded whom owes it, the definition of an occupier is a question of fact, and a matter of control of the premises, for this definition it appears that Adam is the responsible party. According to section 2.
Principles Of Ordinary Negligence
The floor was wet and there was no signage to notify the shoppers. She broke both her right leg and arm; her ankle was twisted and elbow and lower part of the right arm was fractured. She was rushed to the hospital and underwent an operation, and was treated in the hospital for two weeks. She could not work for three months. Due to this unexpected event, she suffered, physically, mentally and financially.
EnviroPro that is later sold to the customers. The customer appliance later bought the appliance and cause the customer to be sick. It is Under the statutory law, the customer is able to take action against both retailer and the manufacturer. Duty of care The action for negligence is an action for damages brought by a plaintiff who has been injured by the defendant. In this case, the….