Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
Negligence as a tort.
Member rating:
(1 vote)
| Words:
| Submitted: Mon Jun 19 2006
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
Negligence as a tort may be defined as the breach of a duty of care owed by the defendant to the plaintiff by not complying with the standard of care of the reasonable person which results in the plaintiff suffering damage. The damage may be personal injury, damage to property or just pure economic loss. It may in addiction, consist of psychiatric damage also known as "nervous shock". Before 1932, the Courts followed precedent in earlier cases that if a duty of care was held to exist in a similar earlier case then the judge held there was a duty of care but if a duty was held not to exist in an earlier case then the judge held there was no duty. There were very few factual situations where a duty was held to exist. In Donoghue v Stevenson(1932) Lord Atkin, in attempting to trace a common thread through existing authority,...
To see the full version of this document, and 145,348 others
