Lord Atkin s Neighbor Principle - 1442 Words

As illustrated through Lord Atkin’s â€Å"Neighbour Principle†, established in the case of Donoghue v Stevenson , tort of negligence provides a remedy for those who suffer loss due to the behaviour of a person who fails to adhere to a legal duty to take reasonable care. On these grounds, it appears that Geoff and Beth may be held to have joint several liability in negligently causing Paul physical damage. Paul could bring a tortuous action against Geoff on the grounds of negligent driving, in relation to his head and collarbone injuries. As elucidated by Greer LJ in Haynes v Harwood , to have a cause of action in negligence, there must be the neglect of â€Å"some duty owed to the† claimant. Accordingly, Geoff’s legal duty of care is established through s.3 Road Traffic Act 1988, which, in imposing strict liability in cases of negligent driving, creates a duty of care. It provides that a driver is deemed to have committed a tortuous act by driving carelessly â€Å"without due care and attention† , therefore as Geoff is driving a mechanically propelled vehicle, he has a statutory duty of care towards other road users. There then arises the question as to whether Geoff’s behaviour has fallen below the â€Å"reasonable standard of care†. This is based on the premise that liability arises where the defendant causes loss or damage to another â€Å"by fault†. Paul could thus attest the first two hurdles in bringing a negligence action against Geoff, as Geoff has clearly breached his statutory duty ofShow MoreRelatedCase Study of Negligence1406 Words   |  6 Pagesthe Bright Smiles Dental Surgery) owned duty of care to plaintiff (Tony)? Rules: * The neighbour principle: In Donoghue v Stevenson1, Lord Atkin concluded that we all owe a duty of care to our â€Å"neighbors†, meaning those persons who we should have in mind when we are contemplating actions that we take as we go about our business and private lives. * Neighbour Defined: â€Å"My neighbors are persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplationRead MoreMain Legal Issues Of The Australian Charter Of Healthcare Rights1333 Words   |  6 Pagesin both legislation throughout all the States and common law. The Australian Charter of Healthcare Rights is also a helpful source of guidance as it reinforces the common law position that is based upon the principle of patient autonomy. The High Court of Australia first articulated the principle or refusal of treatment in Marion’s case, stating that a legally competent person has a right â€Å"to choose what occurs with respect to his or her own person.† Under the NSW Health Patient Charter, consent inRead MoreLegal Commentary on Negligence Essay1181 Words   |  5 Pagesultimate consumer of its products. Within the context of product liability law, General Motors is liable to the ultimate consumer of the goods where it can be proven in a court of law that the manufacturer was negligent in the following legislative principles (Willes, 1998): a) The manufacturing of the said goods. b) The goods manufactured by the company have an intrinsic danger associated with them. c) The manufacturer of the said goods failed in its responsibility to warn the consumer of theRead MoreThe Tort Of Negligence Developed1923 Words   |  8 Pagessensible to know the nature of the torts committed and their growths over the years. This would not lone help in considerate the current situation in a clearer manner but can also deliver a logic of history about torts. During the early primary 1800 s the tort of negligence developed as a single type of torts owed to the fact that events in the tort of negligence were growing suggestively throughout that period. Then, the awareness of the imposition of a duty of care in negligence developed alongsideRead MoreThe Law of Tort and Business Contracts3325 Words   |  13 Pageshas to be legible and placed in a location that is visible to those visiting the premise. When suing for compensation the plaintiff proves that, a given injury was as a result of breach of care. In the case of Donogue vs Steveson, the judgment of Lord Atkin propound that the manufacturer was responsible for the duty of care, and was liable for the complications that came as a result of consuming snail remnants after taking a drink (Enright, 2002, pg 215). Court said the manufacturer was liable forRead MoreDuty of Care Essay33461 Words   |  134 Pagesbecause of the principle of Privity Y could not sue the Shop hence she had no contractual relations with the shop. However the House of Lords by majority discovered that there was a duty. And how it worked we come know form the dicta of Lord Atkin. His Lordship stated that, manufacturers has a duty because Y was neighbor by law of the manufacturer, and everyone has duty by law toward their neighbors not to harm them. Court said one must not injured or make any harm of his neighbor. Then explainedRead MoreCase Law3220 Word s   |  13 PagesExplain how the High Court decision in Perre amp; Ors v Apand Pty Ltd (1999) differed in principle from the High Court decision in Caltex Oil (Australia) Pty Ltd v The Dredge â€Å"Willemstad† (1976). Caltex Oil (Australia) Pty Ltd v The Dredge â€Å"Wilemstad† (1976) and Perre amp; Ors v Apand Pty Ltd (1999) has been important cases in the history of Tort Law. Negligence is a complex term including advertent and inadvertent acts and omissions where there has been a failure to take reasonable care to preventRead MoreHistory of Common Law9609 Words   |  39 PagesHISTORY OF COMMON LAW | STATUTORY FRAMEWORK * Great Britain (E/W/S) * United Kingdom (GB + NI) * British Islands (UK + Isle of Man + Channel Isles) ENGLISH LAW = The legal system of England and Wales (â€Å"the laws of England and Wales† from 1967). These laws mainly deal with issues of property, theft, inheritance, money†¦ The legal system of England and Wales is the basis of most legal systems in the Commonwealth and the US (except Louisiana). THREE MAJOR LEGAL SYSTEMS IN THE WORLD Read MoreCommercial Liens - a Potent Weapon Essay32374 Words   |  130 Pagesfinal word on the subject. The authors and editors have synthesized material from several sources. We have organized it into a form that should be comprehensible to the average reader. After reading this manual, you will know the fundamental principles of this strategy. This understanding, plus the Bibliography in Appendix A, will allow you to do further research on your own. Some Notes on the Sample Briefs Included with this manual is an Appendix containing sample legal briefs, based upon