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"The triumph of negligence is a product of industrialisation; it is a disguised subsidy to business."
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| Submitted: Fri Jan 28 2005
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Common Law History. "The triumph of negligence is a product of industrialisation; it is a disguised subsidy to business." The following report is against the above motion. Before stating why, it is important to explain what the arguments for the motion are. Negligence is a refusal or an omission to take care when performing a task, thus putting people in jeopardy. Manchester, in Modern Legal History (1980) ch.12 (3), argues that there were various problems involved with negligence cases in the pre-industrial age. He points to problems encountered in the courts involving the two forms of action that dealt with negligence, (Trespass and Case). He says it was easy for a wrong doer to evade prosecution, for if an action was brought in trespass the defendant would simply state that their servant had committed the act, and that the proper action lay in Case. But the if action was brought in case...
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