Tortious Liability and Negligence

Essay by rakeshcaltonUniversity, Master'sA, January 2006

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- Lucky B'Stard wins $7,843,000 and decides to invest $5,000,000.

- Looses money because of the advices of Whizzkid and Hari Potta.

- Decides to spend $1,000,000 on promoting a charity.

- Utilises the services of Dan Dangerous, who while performing a dangerous stunt falls and dies.

* As a result:

- Dan's pregnant ex girl friend Minnie has a miscarriage.

- Pradnose (an Onlooker) and Sam (fireman) got a nervous breakdown.

- Beryl, Dan's mother, is traumatised.

- Julius, Dan's mother has to rush to the site of accident and identify his son's body.

- Lucky accepts his negligence for choosing a wrong place for the extravaganza. Pays compensation to Dan's estate.


- Advise Lucky if he has any redress against Whizzkid and Hari Potta.

- Establish his liability for Minnie, Prodnose, Sam, Beryl and Julius.


We are dealing with a case of tortuous liability and negligence.

By definition negligence is an element of many non-intentional torts or wrongs that an individual suffers because of nonfeasance, misfeasance or malfeasance of another. (Wikipedia)

In order to prove negligence it must be proven that harm has occurred. Further, in order for the harm to be compensable, the defendant must be shown to have been negligent, and his negligence was the proximate cause of the harm sustained by the plaintiff.

Damages in case of negligence are awarded in proportion to the scope of the harm done. The severity of the negligence is irrelevant. However some negligent acts may be recognized as so egregious as to merit financial penalty over and above actual damages.

Proving Negligence:

Proving negligence is a complicated process and involves following components.


In tort law, a '''duty of care''' is a legal obligation imposed on an individual requiring that they exercise a reasonable standard of...