Essays on Tort of Negligence

Standard Of Care In Negligence Law

Introduction The law of tort consists of principles and rules that pinpoint the various civil wrongs and the liability they evoke. It is inherited from English Common Law traditions and at times can be a millennium old. The tort of negligence is a substantial, though relatively modern area of tort. Whereas previously the law of...
2722 Words 6 Pages

Tort Of Negligence And Its Contribution To Compensation Culture

Negligence is a civil wrong based on the relationship between two parties, focusing on the doctrine known as neighbourhood. A compensation culture is one where there is an obligatory feeling to ‘blame, claim and gain’ once an individual has been wronged. This essay argues that negligence claims can create a compensation culture and costly redress...
969 Words 2 Pages

Malpractice Lawsuits And Professional Negligence In Healthcare Settings

Defining Negligence in Healthcare The number of healthcare professionals, especially nurses, becoming defendants in malpractice lawsuits has been on the increase, despite numerous efforts by relevant parties to educate this group on their professional and legal jurisdictions. Charges of negligence can often result from actions or omissions, which can result in intentional or unintentional injuries...
1470 Words 3 Pages

Establishing The Duty Of Care Using The Caparo Test

Establishing whether or not there is a duty of care towards a given action is one of three crucial elements in indicating liability for damages arising from negligence, in addition to the requirements of breaching the duty and direct causation between the tortfeasor’s action and the damage suffered by the claimant. The courts have had...
1330 Words 3 Pages

Medical Negligence: The Concept, Principles And Liability

Introduction This article seeks to expound upon the topic of medical negligence i.e. its meaning, various laws and consequences relating to it and liability that can be incurred by the victim of the medical malpractice/negligence. This article provides information about the concept to create as much awareness as possible. Medical Negligence Medical negligence is a...
1273 Words 3 Pages

Elements of the Tort of Negligence: Analytical Essay

(1) The first element of the tort of negligence is the duty of care. An individual is not liable for every action they take, only to those whom they owe a duty of care to. Whether this duty of care exists is usually decided by the court on a case to case basis. The landmark...
3166 Words 7 Pages
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