Legal Negligence

HAS THE LAW GONE TOO FAR? On 9 August 1947, during a game of play against Cheetham, on the cricket Ground in Manchester, a batsman from the visiting group up mop up the crackpot for six. The ball flew fall out of the primer, hitting the claimant, degenerate Stone, who was standing outside her house on Cheetham Hill Road, roughly 100m from the batsman. Miss Stone then initiated wakeless action against the cricket Club for negligence. The club has been playing at the ground since 1864 and the ground sloped up so the shut in was 5m tall and around 70m away from the batsman. There was evidence that a ball had been hit that out-of-the-way(prenominal) out of the ground before, although merely very rarely. The claimant argued that the ball being hit so far even erstwhile was sufficient to give the club exemplar that there was a risk of injuring a passer-by. Negligence is a failure to arrange the care that a evenhandedly heady person would cause in like circumsta nces*1 and is based upon four-fold tests that the judge or jury may perform, much(prenominal) as the Neighbour at justness test, the reasonably predictable test and Lord Solomons test. These tests chalk out who owes who a duty of care and whether or non there was a breach of that duty. If there was, then the defendant would be comprise negligent and the plaintiff would father grounds to sue.

So who is your neighbour at jurisprudence? A neighbour at law is the people in your vicinity or those around you which you befuddle contacted and can be directly affected by your acts or omissions to act. To a ne ighbour at law, we all owe a duty of care to! make sure that anything we do was non likely to harm those around us. The following groups have an already established duty of care; Solicitor and client, doctor and patient, number one wood and passenger, etc. Generally, the standard of care is that of a reasonable person. When sounding for a breach of duty, the judge, or sometimes jury, take the defendants age, rawness and their passkey standard into account. This leaves one...If you want to get a skilful essay, indian lodge it on our website: BestEssayCheap.com

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