Negligence case

Essay by jimskyUniversity, Bachelor'sA+, May 2007

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1.0IntroductionWhat is law? Law is those rules established by parliament and or the court which are recognized and enforce by court of law, law can be classify by the subject matter, the source and historical origin. In addition the subject matter can be identify by two important part ( criminal law and civil law), in criminal law is focus at public enforcement (states v person matter), and standard of proof of beyond reasonable doubt also use juries for serious offence finally its principal object is punishment. On the other hand in civil law is focus at private enforcement (person v person), and standard of proof of on the balance of probabilities and principle object is compensation. This essay will cover the basics and essentials of the law of negligence, whilst applying these fundamentals to a negligence case scenario involving the plaintiff, Mr. Chuck and the defendant, the owner of metal workshop.

This case will be dealt with by fulfilling the three essential in determining negligence act, and if the defend is found liable, investigate what kind of damages the plaintiff may be entitled to. There are several kinds of defenses available to the defendant, which will also be examined and dealt with accordingly.

2.0Theory of negligenceNegligence is a part of that branch of civil law known as tort law, in other words, negligence is the doing of something which reasonable person would not do or the failure to do something that a reasonable person would do, which inadvertently inflicts harm (Moore,2005,p.20). Negligence can be defined as protection of person, property and economic interest from damage caused by another person failure to take reasonable care (Latmier, P., 2004. p.196) in which legal remedies are awarded for the victims in regret to the case. Tort law must be differenced from the law...