Contract Law and the Law of Negligence Essay Example | Topics and Well Written Essays - 2000 words

Contr hazard Law and the Law of Negligence - Essay ExampleAs such, all individual is infra a duty of care towards former(a)s to employ reasonable care, in order to dumbfound causing accidental injury to them or their possessions (Judicial Education Center, 2013). Alec has a duty towards Kelly, just like that towards any other person on the walkway. In some instances, the title or omission of the defendant could cause wakeless injury to the claimant. However, the claimant may not have any action, because the affected interest may not be provided with the guard of the law. This situation is termed as harm without legal wrong or damnum sine injuria (Cooke, 2011, p. 5). Alecs rash drive resulting in damage to Kellys shop attracts the provisions of the law of default. A defendant could be do liable for committing a tort, if the act had been intentional. This usually takes place in crime. Liability is also attached to the defendant, if the act was negligent, although unintentio nal. This is because the defendant had failed to fulfil his duty of care towards the petitioner (Judicial Education Center, 2013). In our case, Alec has failed to perform his duty towards Kelly, although it was unintentional. In Page v Smith, Lord Hope described primary victims as individuals who had undergone psychiatric injury. such(prenominal) injury should have been the outcome of the fear or distress resulting from the accident that had taken place payable to the negligence of the defendant or its immediate aftermath (Turton, 2008, p. 1014). Kelly suffered mental distress, the next day after the incident. She derrierenot take asylum under the category of primary victim for psychiatric injury. Whether there was a breach of duty From the legal perspective, negligence is the breach of a duty to ensure care, while committing an act. It is also the failure to act in the manner that a prudent or reasonable individual would have acted under circumstances that were similar. Such act ion or failure must be the proximate cause for the injury caused, if the plaintiff is to domesticise damages from the defendant. Some of the defences to a negligence action are, the assumption of risk or injury by the plaintiff, or the injury was due to the plaintiffs negligence (Columbia Electronic Encyclopedia, 2011).A contractual relationship can generate an obligation to act with care. An instance of this is the duty of care assumed by a common carrier to protect passengers and goods from injury or damage. In addition, the law presupposes that every person, in the ordinary course of conduct, is under a duty of care to abstain from injuring others. This duty, in every non contractual situation, requires every individual to act as a reasonable person. If an injury occurs, despite such care being exercised, or due to circumstances that are beyond human control, then no compensation can be claimed. The tenet of strict liability renders entities engaged in certain services and tr ades liable, even if the conduct is not negligent (Columbia Electronic Encyclopedia, 2011). While deciding whether a breach of duty had taken place, the courts would evaluate the conduct of the defendant, with acknowledgement to what a reasonable person would have done under similar circumstances (Tingle, 2002, p. 1129) In Blyth v Birmingham Waterworks Co, it was opined that negligence was failure to do a thing, which a reasonable man would have done, in accordance with the considerations that normally regulate human conduct (Tingle, 2002, p. 1129). In our case, Alec, due to coming late, attempted to speedily cross