Breach of the Duty of Care Essay - 758 Words.

There are three elements in the tort of negligence; duty of care, breach of the duty and damages. Duty of care means that any single person must always take reasonable care so that he can avoid omissions and acts that he can foresee reasonably as likely to result to injury to his neighbor.

Explain and apply the principles of duty of care, breach of duty, causation, and any possible defences in relation to the following potential negligence claims: A claim by Chris against “Pukiepies” for personal injury (ignore any statutory provisions relating to defective products).

Consequential damage can be identifying in term of whether the breach of duty cause damage to the plaintiff. If so what type of damage does it cause. This element is consider to be the element of negligence, as the damage to a party will be occur due to negligence act.

Negligence in the legal sense is defined as a disturbance in the right to do what a reasonable person would have done under the circumstances. It is the applicant’s responsibility to establish and show that a duty of care was owed by defendant to the applicant.

Once the duty of care has been considered and approved there needs to be a breach of that duty, which has been traditionally defined as: Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or do something which a reasonable prudent man would not do.

There are four essential characteristics of negligence: Duty, Breach of Duty, Harm, and Causation. Duty is established when the nurse patient relationship is started. Breach of duty is when nursing care falls below acceptable standards (or the nurse is negligent).

Remember that in cases of medical negligence all three components, namely a duty of care, breach of duty and causation, have to be proved by the claimant on the balance of probabilities. Establishing a duty of care in a doctor and patient relationship is not usually difficult and will exist in most situations.

To prove negligence, Peter has the burden to prove that David had a duty to drive more carefully. One theory would be that David should drive slower than the speed limit when kids were present. Evidence of breaking the law is automatically considered a breach of a duty, but not breaking the law doesn't necessarily establish that a breach didn't occur.

The elements required for a successful negligence claim are a duty of care, breach of that duty, that the breach caused the loss and remoteness of damage issues. Only once it has been established that there has been a breach of a duty of care does the court consider causation and remoteness issues.

Negligence is a branch of civil law known as tort .tort is defined as a civil wrong in the form of breach of duty from which the legal remedy is an award of damage.Negligence is the doing of something which a reasonable person would not do or the failure to do something that a reasonable person would do which inflicts harm.Negligence covers wide area this meaning that it does not only involve.

Essay Writing Guide. Learn the art of brilliant essay writing with help from our teachers. Learn more. AS and A Level.. How to answer problem questions in negligence.. Breach of duty. Did Brian’s work fall below a certain standard? According to the Bolam test he would be judged according to the standard of work of other car mechanics.