• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Explaining the relevant rules of law, discuss whether Adam owed a duty of care to Callum in this situation.

Extracts from this document...


Law Assignment Question 7 Tort Law Explaining the relevant rules of law, discuss whether Adam owed a duty of care to Callum in this situation. In tort law there is negligence and within this there is the duty of care element, which helps to decide if compensation should be emplaced. The concept of negligence is a difficult one and has been broken into three separate parts: * Duty of care owed by the defendant to the claimant * Breach of that duty of care * Damage caused to the claimant as a result of the defendant's breach in duty of care. All three parts have to be present before negligence can be proved. One requirement for proving the tort of negligence is that a duty of care exists between the claimant and the defendant. In past cases a decision on whether a duty of care was present in a case was decided within the duty of care "neighbour test" which was created by Lord Atkins this was if by using common sense the defendant could see that an action or omission could lead to the harm of another person, then a duty of care would be present. ...read more.


I think from looking at the three-part test that there is sufficient evidence to create an appropriate duty of care in the given situation. Assuming that Adam was found to owe Callum a duty of care, discuss whether or not Adam was in breach of that duty of care. When looking at breach of duty of care the law uses an objective test to determine whether the defendant exercised reasonable care. This is a measure of the degree of care a reasonable man would have exercised in the same situation. The reasonable man is expected to have ordinary levels of skill and knowledge. Other points that are looked at are degree of risk; in some cases the risk of injury is so small that judges give some flexibility. Seriousness of potential harm, if the potential harm or injury is very serious, individuals or companies must exercise considerable care to avoid liability for accidents. Cost of precaution, times when trying to completely solve a problem would result in costs outweighing any potential benefits. I think in the case given that Adam would be liable for breach of duty of care as the seriousness of potential harm was a high risk and there was a suitable degree of risk. ...read more.


Callum could either recover damages for his injuries, or the court could rule that his injuries were too remote. Explain the rules on remoteness of damages and apply those rules to the facts of this case. Remoteness is when the court decides if the victim's damages were reasonably foreseeable. In some cases series of events can be so obscure and unpredictable that they would be seen to unconventional to be reasonably foreseeable. The case of Adam and Callum could be linked to that of Hughes v Lord Advocate (1963) in this case workmen left an open manhole unattended which was lit with paraffin lamps a ten-year-old boy who was playing near by knocked a lamp into the manhole causing an explosion in which he was seriously burned. The court took the position that it was foreseeable that the lamps might burn a child, even if the unusual sequence of events, which actually caused the burns, could not have been easily predicted. Hughes was awarded damages. When relating it to the case given it is very similar. Adam left the treated ground unattended and Callum went out to play. Callum a six-year-old boy fell into the treated area causing him to develop severe burns on his hand. The case is so similar that the results would more that likely be the same. I think that the damages were more than reasonably foreseeable. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Child Development section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Child Development essays

  1. TORT ESSAY - PROBLEM QUESTION Economic loss and duty of care

    To approach the case in this way is not going to help the claimant as the unease showed by Courts faced with 'wrongful life' claims (Re B (a minor) (wardship: medical treatment) [1990] 3 All ER 927) probably means that it would be very unorthodox to consider the doctor may

  2. Health and Social care

    Very few professions today offer such a range of specialties, varied career paths and promotional opportunities. Nursing requires the desire to help people. One needs to be a practical individual and know how to manage time, as often there is a tight schedule, which must be met.

  1. The main aim of this paper is to compare and contrast parental rights and ...

    AFFILIATION AT STATUTORY LAW Under the affiliation Act,52 a bastard child is an illegitimate child or a child conceived and born outside wedlock. The Affiliation Act53 is an attempt to ensure parental care for the child in cases of illegitimate children.54 The Act55 gives the mother the right to apply

  2. Discuss how this comment by Lord Slynn illustrates the development of the general concept ...

    The 'neighbour principle' was used in the succeeding cases that followed after Donoghue v Stevenson, but in Hedley, Byrne & Co Ltd v Heller & Partners Ltd (1964) AC 465, they rejected the neighbour test because they felt it gave rise to a too wide area for liability to be applied.

  1. Private International Law

    Of more importance is the fact that the domicile of origin can be revived if a domicile of choice is lost and a new one not gained.5 This rule may create potential problems but as of 1976 this was still good law.

  2. I will discuss the relevant managerial and organisational theoretical concepts that I observed whilst ...

    The management positions within the Children and Families Division where occupied by ex-social workers who had been in the organisation for several years. The managers that had the most experience occupied positions further up the structure. Coulshed and Mullender cite Weber (1947)

  1. Explain the context, concept, lessons and recommendations from the Norsk Hydro's Utkal Venture case ...

    The impacts of mining of Norsk Hydro Utkal Aluminium international project in Orissa, India are illustrated in the PESTLE analysis. The biggest challenges faced by Norsk Hydro were corporate social responsibility, ethical issues such as Loss of land or livelihood, Environmental degradation, Human rights violations, Health & Safety, Cultural issues etc.

  2. The Waterboy - Review of the character Adam Sandler.

    This meant that he would spend less time with his mum and a lot more time with everyone else. Mrs. Sandler showed she had principles and values as she did not realise what she was doing wrong. She thought that by keeping her son at home with her that she was protecting him from all lives' evils and dangers.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work