Legal Negligence

HAS THE LAW GONE TOO FAR? On 9 August 1947, during a game of play against Cheetham, on the cricket Ground in Manchester, a batsman from the visiting team up up mop up the crackpot for six. The ball flew aside 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 judicial action against the cricket Club for negligence. The club has been playing at the ground since 1864 and the ground sloped up so the reason was 5m tall and around 70m away from the batsman. There was evidence that a ball had been hit that off the beaten track(predicate) out of the ground before, although merely very rarely. The claimant argued that the ball being hit so far even erstwhile was sufficient to give the club process of monition that there was a risk of injuring a passer-by. Negligence is a failure to arrange the care that a evenhandedly discreet person would cause in like circumstances*1 and is based upon four-fold tests that the judge or jury may perform, such(prenominal) as the Neighbour at justness test, the reasonably predictable test and Lord Solomons test. These tests draft 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 appoint negligent and the plaintiff would father grounds to sue.

So who is your dwell at justice? A neighbour at law is the people in your vicinity or those around you which you construct 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 not likely to harm those around us. The following groups have an already established duty of care; Solicitor and client, doctor and patient, number one wood and passenger, etc. Generally, the standard of care is that of a reasonable person. When looking for for a breach of duty, the judge, or sometimes jury, take the defendants age, rawness and their passkey standard into account. This leaves one...If you want to get a honorable essay, indian lodge it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay