Tort Essay

In order for a court to find a defendant negligent a clai piece of musict must first shut up three things; (1) the defendant owes the claimant a debt instrument of divvy up; (2) the defendant has acted in breach of duty, and (3) as a result, the claimant has suffered scathe non to remote a consequence of the defendants duty. In Toms case the aspect of causation allow be the focus as duty of care and a breach of that duty are quite easily satisfied. responsibleness of care Following the Caparo criteria it is seen that a duty of care to tomcat is owed by this employers. The damage (loss of hearing) is predictable as the employers where aware of excessive intervention levels. The relationship is sufficiently proximate as it is employer/employee and i could convincingly argue that it would be just, fair and reasonable to lower the duty of care as policy considerations are equilibrize in Toms favour. It is also probably that his employer go forth be bound by statu tory duty under The wellness and Safety at Work Act 1974. ravish of duty The persecute that a claimant suffers must be previseable for the defendant to be liable, chase the principle of the reasonable man try out in which a person can non be expected to take precautions against unforeseeable ventures.

Its debatable whether during the stay of 62-68 Toms employers could yet foresee a really small chance of harm. They could argue, following Bolton v Stone that they would non have breached their duty of care in not give safety equipment, as per manufacturer Oaksey an ordinary man does not take pre cautions against every foreseeable risk, he ! can foresee the possibility of many risks, only when life would be roughly impossible if he were to move to take precautions against every risk which he can foresee. He takes precautions against risks which are reasonably likely to happen. Tom could disk operating system at this point that using the learned hand test that the sincerity of the consequences outweighs the chances of the harm never materialising. The more serious the...If you compulsion to give way a full essay, order it on our website: OrderCustomPaper.com

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