Tort Assignment Essay Example | Topics and Well Written Essays - 1500 words

Tort Assignment - sample ExampleDickman. In Donoghue, Lord Atkin spoke in his judgment You must take reasonable forethought to avoid twists or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in police is my neighbour? The answer seems to be persons who atomic number 18 so closely and directly affected by my act that I ought reasonably to have them in my contemplation as being so affected when I am directing my mind to the acts or omissions which are called into questions. (1932 AC 562 at p 580). This is known as the Neighbour Principle. In Anns, Lord Wilberforce identified the loss suffered by the complainants as material physical damage. 2 (2) stages were laid down to establish the compact (1) whether or non, in a reasonable foresight of the defendant, wish of feel for may cause damage, injury or loss to the defendant. If in the positive, then there is a prima facie duty to care and (2) in case of an affirmative answer, is t here a necessity to pin down the extent of said obligation. An example of the first screen out is the digging up of a big cakehole large enough to accommodate an adult. By leaving the hole open, it can be reasonably foreseen that some(prenominal) blind man without any companion may fall on said hole. Undoubtedly, there is an obligation on the part of the one who dug up the whole. On the other hand, an example of the second test is the injury suffered by a suspect of a robbery in the hands of a police officer who caught him in the act but attempted to fight back. Despite the injury suffered by the suspect, the policeman cannot be held liable because the injury was caused by his performance of duty. In Caparo, the two tests laid down in Anns were expanded, adding the pursuit is it fair to impose upon the defendant the obligation to care towards the complainant? Applying the above principles in the instant case, the liabilities of the parties are as follows Arsane is liable for h is tortious act. As mentioned earlier, every person is liable for the consequences of his acts. Here, Arsane knew as a carpenter that the wooden floor may have inflammable materials. He is supposed to understand that cigarette is not allowed in the workplace because it can become a source of fire. Presumably, Arsane knows his obligation to take good care of the premises as well as the materials therein. A duty to care exists on the part of Arsane, not just as a worker but also as a co-worker. However, since Arsane was very such(prenominal) taken away by the music, he allowed himself to light a cigarette and much worse, threw the same trance still lighted, indoors Such an act of gross negligence is definitely a clear discontinue of obligation to care. Arsane has absolutely no defence to justify his tortious act. Such an act of negligence caused severe damage. First, to Sir Dino, who suffered loss of properties and potential income. Second, to Benger, who suffered material physica l damage due to loss of his right foot. However, Arsane cannot be do liable for the tense shock suffered by Bengers wife, twin sister, and mother due to lack of proximity. Although the nervous shock suffered by the three was directly related to the injury suffer