Law of Tort Assignment.
Law of Tort Assignment (i) Since the enactment of the Human Rights Act 1998, it seems that some areas of tort law have been affected by the Act to a great extent. One specific element of tort law that has been affected is 'duty of care in negligence.' The tort of negligence may signify 'whereby persons who by carelessness have caused damage to others and may be held liable to pay compensation.' 1 However, it is not always the case when 'careless conduct which causes damage will give rise to an action.' 2 As this essay will focus on the impact of the Human Rights Act on duty of care in negligence, it is necessary to determine 'whether the type of loss suffered by the claimant in the particular way in which it occurred can ever be actionable,' 3 as this may play a great role in the development of the tort of negligence. Before a duty of care is held to exist, the requirement established in Caparo Industries Plc v Dickman [1990] 1 All ER 568 must be satisfied: (a) 'Foreseeability of the damage; (b) A sufficiently 'proximate' relationship between the parties; and (c) Even where (a) and (b) are satisfied it must be 'just and reasonable' to impose such a duty.' 4 The Human Rights Act 1998 gives 'further effect to rights and freedoms guaranteed under the European Convention on Human Rights.' 5 The aim of the Human Rights Act is as stated in section 6 (1), 'courts should
Problem question on Occupiers liability Act 1957
TORT - NON-ASSESSED SPRING WORK Question Ingrid, a landlord, lets two adjacent flats to Jane and Karl. Jane is an amateur inventor who, as Ingrid is aware , uses the kitchen of her flat to conduct experiments in producing an artificial substitute for petrol. At its present state of development, Jane's invention causes headaches in humans and is fatal to plants. Unfortunately, even before Ingrid initially acquired the building, there were cracks in the partition wall between the two flats and the fumes from Jane's petrol-substitute penetrate through the walls into Karl's flat. Karl complains of headaches, but Jane says that her invention will save Western civilisation. Karl breaks into Jane's flat while she's out, takes the petrol substitute and deposits it in Lucy's garden, a poor old lady who lives nearby. The fumes kill all the vegetation in the adjoining gardens but, when her neighbours complain Lucy says she's too poor and old to do anything about it. When they reach Max's neighbouring land the fumes penetrate a gash in the bark of a tree which overhangs the highway. As a result, 2 months later the branch falls onto the highway and damages Oliver's car. Advise the parties Response Ingrid The Occupiers Liability Act 1957 is concerned with liability of an occupier of premises to his or her visitors. It is essential to establish whether Ingrid qualifies as an occupier
'The existence of a duty of care is ultimately a question of policy'. Discuss.
'The existence of a duty of care is ultimately a question of policy'. Discuss. In previous years, the concept of duty of care has been applied by various courts to act as a control device in order to determine and limit the categories of who can bring claims in negligence and in what circumstances. Worryingly, judges have shown the ability to strike out cases by deciding that a case is non-actionable and this ability has mostly been exercised in cases concerning public policy. It is here where it is seen that a duty of care will only exist if it does not run contrary to the ideas of public policy. Policy has played an important part in limiting the scope of the duty of care. So is the existence of a duty of care, ultimately a question of policy? To a certain extent, it can be seen that the existence of a duty of care, is ultimately a question of policy. Until very recently courts have has discretion as to whether or not to attach a duty of care to a particular public body and it is these decisions which have been influenced by policy arguments and decisions. This approach has been adopted particularly where there is an overriding public or general interest which awards defendants a certain degree of immunity from litigation. Courts have often justified their actions of not imposing a duty of care upon public bodies using arguments that reflect their concerns should a
Tort Essay.
Tort Essay Gerry, a construction worker, injures his right leg when the ladder he is using at work collapses, causing him to fall. His employer Harry accepts responsibility for the accident. Gerry is told by his doctor to take six months off work in order to recover; he also warns him that in future he will always suffer from a slight limp because of the fall. Shortly before he is due to return to work, Gerry is hit when crossing the road by a car carelessly driven by Ingrid. Gerry's limp did not contribute to the accident. Gerry's right leg is further injured, and has to be amputated. Discuss his rights against Harry and Ingrid. The issue that needs to be discussed under the tort of negligence in this situation is that of causation. This is because for both defendants a duty can be established and also a breach of that duty can be shown. With regard to Harry, he is the employer of Gerry and therefore owes him a duty of care in the workplace. Harry admits a breach of that duty and this can be shown in the problem where Harry "accepts responsibility for the accident". With regard to Ingrid, she is a driver on the road and thereby owes a duty of care to others whilst driving. There is a breach of this duty as expressed in the problem where Gerry is hit by a "car carelessly driven by Ingrid". Since both a duty and a breach can be established for both defendants