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

    of the adoption order, unless the court otherwise sanctions.83It shall also be unlawful for any adopter or for any parent or guardian except with the sanction of the court to receive any payment or other reward in consideration of the adoption of the infant.84 THE LEGAL EFFECTS OF ADOPTION The

  2. Health and Social care

    Health visitors carry out a range of different work. For example, working with mothers of young babies - advising on such areas as feeding, safety, physical and emotional development or working with people of any age who suffer from a chronic illness or live with a disability. 3. Administration- This is a key part of the health care system and is essential, in order to ensure things run smoothly.

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

    Stakeholder Power interest matrix can be helpful in determining the key player among the stakeholders. A sample plan of social responsibility policy for Newmont mining company is shown in appendix-1 which can be used as a benchmark. However following possible recommendation can be used to develop a best practice for organization operating in the mining industry.

  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.

  1. Children and the Law.

    The first part of the test is that there has to be significant harm and the second part being that the causation of this harm is the level of care not being reasonable. The definitions of these words are set out in s.31 (9)

  2. Occupier's Liability

    the sign is sufficiently clear and ensures the visitor's safety Note the positive duty in (b) (as opposed to the duty of omission in (a), for the sign to secure the safety of visitors. Thus, it is not enough for the sign to warn of the danger.

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