Negligence

Negligence is defined as failure to do or recognise something that a reason sufficient individual would do or recognise, or do something that a reason comforting person would not do. Negligence protects an individual against a number of vistas, including sparing loss, property and personal lesion. However, the claimant must(prenominal) prove the defendants scorn with a preponderance of evidence. Nervous shock is a boundary use to denote a psychiatricalal sickness or injury caused to a person by events, due to the neglect of other person. For a claim of nervous shock the illness must be recognised as a psychiatric disorder. The types of psychiatric illnesses that be possible to form the basis of claims include, post-traumatic melodic line disorder, depressive disorders, limiting disorders and anxiety disorders. However, as seen in Hinz v Berry, a person who suffers from extreme grief and sorrow, but which falls little(a) of a recognised psychiatric illness are not ab le to recover damages, as we are expected to be able to deal with grief and sorrow To succeed in a tort of negligence action, the claimant must prove triplet issues. Firstly, the defendant owed them a job of care. Secondly, the defendant was in damp of that duty. Thirdly, the claimant suffered damage caused by the defendants breach.

The first aspect in the claimants case is whether the defendant owed them a duty of care. This was first establish by the speech of victor Atkin in Donahue v Stevenson. Lord Atkins stated that: You must take clean care to quash acts or omissions which you can reasonably fancy would be likely to injure your neighbour. Who, then, in law is my neighbou r? The answer seems to be - persons who are ! so closely and at present modify by my act that I ought reasonably to throw them in consideration as being so affected when I am directing my mind to the acts or omissions which are called in perplexity. This is known as the neighbour article of faith and remains the horse sense of duty of care, but in the ensuing...If you want to get a full essay, order it on our website: OrderEssay.net

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