Negligence Essays

The Law of Negligence

The MakeMe Company just started the new wave of advertisements for the newest beauty product. Using great magnitude of campaign, they utilized weekly magazines, tabloid newspaper daytime television soapies, even including the current affairs program. The strong advertisement for the new products include pick-up lines like “You’ve never experienced such beauty,” “You’ll amaze your friends with new skin,” and even asked a person to give testimonial and said “Just one week I look ten years younger.” The promotion of MakeMe…

Read >>

Comparative Negligence of a Child

So…what do you think about this defense? Do you think it’s viable? Are there other things to consider?             Unfortunately, it is a viable defense.  At least there are legal precedents and provisions for contributory negligence.  But i always that defense was mostly used in business to business contract disputes.  I thought it worked this way: if company A hires company B to do, say, a financial audit.  If company A doesn’t give B all of its records, and then…

Read >>

Professional Negligence Case Notes

In relation to professional negligence the concept of the reasonable man becomes that of the reasonable professional. The reasonable man will normally lack the skill and expertise acquired by the professional. These professional men and women are not only required to take reasonable care but also to measure up to the standard of competency that can be expected from such professionals-that is the standard of, for example the reasonable nurse or the reasonable solicitor. The Irish Supreme Court considered the…

Read >>

Tort of Negligence

Question 1 What legal issues does this situation raise and what are the possible legal consequences? Issue 1 duty of care The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1], ‘Duty 0f Care’ has been established in common law: 1. Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. whether Breach…

Read >>

Torts of Negligence

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury. However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care…

Read >>