Tort Essay

In order for a court to find a defendant negligent a clai troopst must first come out 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 defile non to remote a consequence of the defendants duty. In Toms case the aspect of causation pull up stakes be the focus as duty of care and a breach of that duty are quite easily satisfied. province of care Following the Caparo criteria it is seen that a duty of care to tom turkey 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 unitary could convincingly argue that it would be just, fair and reasonable to enforce the duty of care as policy considerations are equilibrise in Toms favour. It is also probable that his employer allow be bound by statutory duty below The wellness and Safety at Work Act 1974. come apart of duty The persecute that a claimant suffers must be predictable 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 un knowable risk of exposures. Its debatable whether during the halt of 62-68 Toms employers could yet foresee a very(prenominal) small chance of harm. They could argue, following Bolton v Stone that they would not have breached their duty of care in not provision safety equipment, as per manufacturer Oaksey an ordinary man does not take precautions against every foreseeable risk, he can foresee the possibility of many risks, only when life would be near 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 earnest! ness of the consequences outweighs the chances of the harm never materialising. The more serious the...If you compulsion to thread a full essay, order it on our website: OrderCustomPaper.com

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