Saturday, May 11, 2019
Tort Law Essay Example | Topics and Well Written Essays - 2250 words
Tort Law - Essay ExampleThe police negligently pulled Mike back to the extent of having injured himself. In general, the emphasis is on the conduct of the police. However on occasions, mental state may be irrelevant considerations. Although much emphasis is placed on the popular opinion of force in the modern law of tort, there is a comparatively new development. Legal scholars wee-wee different notions about the significance of force in ordinary law. However, the need to prove force in order to establish liability in tort became increasingly important towards the end of the 19th century. cargo area in mind that as reforms altered social attitudes, the volume of social legislation designed to modify the lives of people actually increased. Ascribing responsibility became easier with the advancement of science as did greater competence in find out causation which made it easy from a pragmatic point of view to establish force. There was a trend from selfish individualism towards gr eater social and civil responsibility. This trend manifested itself in legal decisions culminating in Donoghue v Stevenson1. Although Donoghue v Stevenson was principally on negligence to defective products, it had greater significance. This significance was that negligence is a separate tort in its own rights an action for negligence can exist whether or not there is a fetch between both parties an action for negligence will succeed if the plaintiff can prove that a duty of parcel out is owed by the defendant to the plaintiff and that this duty of care has been breached, and that there is resultant damage which is not too remote in order to establish the populace of a duty of care, the neighbor principle based on reasonable foresight must be applied. It is certain therefore, that Mike can sue the police even though there is no contract between Mike and the police the police owe Mike, Lewis, Maria and Soraya a duty of care
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