Legal Negligence

HAS THE LAW GONE TOO FAR? On 9 August 1947, during a game of play against Cheetham, on the play Ground in Manchester, a batsman from the visiting team up mop up the crackpot for six. The ball flew knocked out(p) of the primer, hitting the claimant, degenerate Stone, who was standing outside her house on Cheetham Hill Road, roughly 100m from the batsman. Miss Stone then initiated good action against the cricket Club for negligence. The club has been playing at the ground since 1864 and the ground sloped up so the consider was 5m tall and around 70m away from the batsman. There was evidence that a ball had been hit that far out of the ground before, although besides very rarely. The claimant argued that the ball being hit so far even erstwhile was sufficient to give the club standard that there was a risk of injuring a passer-by. Negligence is a failure to arrange the care that a middling careful person would cause in like circumstances*1 and is based upon four-fold tests that the judge or jury may perform, much(prenominal) as the Neighbour at justness test, the reasonably predictable test and Lord Solomons test. These tests strategy who owes who a duty of care and whether or non there was a breach of that duty. If there was, then the defendant would be form negligent and the plaintiff would father grounds to sue.

So who is your dwell at equity? A neighbour at law is the people in your vicinity or those around you which you thrust contacted and can be directly affected by your acts or omissions to act. To a neighbour at law, we all owe a duty of care to make sure that anything we do was non like! ly to harm those around us. The following groups have an already established duty of care; Solicitor and client, doctor and patient, device driver and passenger, etc. Generally, the standard of care is that of a reasonable person. When flavor for a breach of duty, the judge, or sometimes jury, take the defendants age, tenderness and their passkey standard into account. This leaves one...If you want to get a integral essay, indian lodge it on our website: BestEssayCheap.com

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