Discuss the legal position in tort with respect to the liability of Bill for the harm suffered by Sally, Ranjit and Jane.

In Donoghue v Stevenson [1932] it was held that all owe a ? ruse of care? to ?their neighbour?. However, the ?guidelines? which can be taken from Caparo v Dickman 1990 are that at that place are three clear up pre-requisites to the pain in the ass of a tariff of care. Firstly, it must(prenominal) be ?foreseeable? that if genius caller acts carelessly. the other party will suffer scathe or damage; secondly, in that respect must be a sufficient degree of ? proximity? surrounded by the two parties, that is a sufficient ?closeness? between them; and thirdly, the imposition of a duty of care must be ?fair, just and reasonable?. at that place is no enquiry as to whether burden committed a negligent act. I will be discussing the liability of bear down for the injury suffered by Jane, Sally and Ranjit. In advising the potential parties as to whether top is liable for the harm suffered we must consider which parties arrive at been wronged and then establish if they are ow ed a duty of care, whether thither was a breach of that duty and whether the breach caused the damage. The accidents themselves were caused by circus tent; he clearly owed a duty of care as a motorist and was negligent. Applying the ?but for test?, but for the actions of tip Ranjit would not sustain sustained damage to his shop windowpane and products therefore should be held liable of regaining of £2000.

Foreseeability means whether a hypothetical reasonable person would crap foreseen damage in the circumstances. lodge would have forseen that if his car was to go into a shop window that modify would have occ urred. Smith v Littlewoods Organisation Ltd ! [1987] Taking Bill?s age into consideration, Children cannot plead infancy as a defence to a tort. However, children and young people will normally be judge by the objective standard of the commonly prudent... If you want to get a full essay, order it on our website: BestEssayCheap.com

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