Law Assignment Help Liability Under Law of Tort

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So in the entire tort there have certain basic features which can hold a person liable under law of tort[1]:

a) The wrongdoer owed the victim a duty of care.

b) The wrongdoer breached that duty of care.

c) There must be reasonably foreseeable damage which had been caused by the breach of duty by the wrongdoer.

The law

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of tort emerged from a leading case Donogue v Stevenson[2], as it also laid down the neighborhood principal which states that a manufacturer is responsible for compensating the actual consumers of his products in case of the deficiency of the product manufactured by the manufacturer. It is the duty of care which must be dealt by the manufacturer towards its neighbor to mitigate all those dangers which can be reasonably foreseen by the manufacturer of the product[3].

As already stated above that, if the wrongdoer has the aforesaid aspects connected to it than the wrongdoer is certainly liable for the wrongs committed by the wrongdoer. In order to hold the wrongdoer responsible the duty of care must be seen, that if the

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wrongdoer had taken reasonable care for the foreseeable events and care is fair and reasonable then the wrongdoer is not liable[4].

The law of tort holds the person liable if the person under certain circumstances does not acted reasonably. However, if the reasonable man would had done the same thing which the wrongdoer had done then he cannot be liable under the law of tort as he had taken the utmost care of the things which a reasonable man would had, so in such kind of cases the wrongdoer cannot be liable except in the case of strict liability[5]. But in emergency times the person takes risks in order to control or minimize damage, in those cases the person is not liable for torts. This is situation under which even if the defendant has breached his duty of care in acting in a circumstance of an emergency than in such situation it cannot be regarded that the defendant has breached his duty of care[6].

Law Assignment Help Liability Under Law of Tort


[1] Sir Fredrick Pollock “ Person Affected by Torts” (2012) <http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=2123&chapter=164988&layout=html&Itemid=27)> accessed 9th January, 2012.

[2] Donoghue V Stevenson (1932).

[3] Home Office v Dorset Yacht Co (1970)]

[4] CBS Songs Ltd v Amstrad Consumer Electrics Plc (1988)

[5] Nettleship v Weston (1971); Phillips v Whiteley Ltd (1938

[6] Watt v Hertfordshire County Council (1954

All tort law assignment help case studies have been compiled by our team of law assignment help experts. Best quality law assignment help UK and law assignment help Australia are available to law students at a very cheap price.

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