Breached The Duty Of Care Damages Law General Essay

As reported by The law of torts gives rise to the law of negligence. In order to establish negligence, there must be two key elements: first, a duty of care exists, meaning the defendant must have committed a wrongdoing or unlawful act, and second, the act or omission in issue had an impact on the rights or interests of others. Finally, the aforementioned actions or inactions gave the victim or damaged party a right to compensation.

An essential tort called negligence encompasses a variety of circumstances in which people damage others without due care. The following three components must be proven in order for a claimant to prevail in a negligence action:

care required by law.

violated the caring obligation.


The legal duty of care owed to the home is the first component that needs to be established. Judges' rulings in cases have contributed to the development of the concept of a duty of care in the tort of negligence. This all began in the negligence case of Mrs. Donoghue v. Stevenson (1932), where she and a friend went to a café. She was given a sip of ginger beer and ice cream by the pal. Dark glass covered the ginger beer bottle, making it impossible to see what was within. Mrs. Donoghue drank part of it and then emptied the rest out, whereupon she discovered that it contained a dead (and decomposing) snail. Mrs. Donoghue was horrified by this and was unwell as a result of the sight and the ginger beer she had already consumed.

Because she did not purchase the ginger beer, Mrs. Donoghue had no direct contractual claim against the producer or the merchant. Mrs. Donoghue's companion had a legal claim against the café, but aside from the fact that she had purchased defective goods, she had not experienced any losses; she may get her money back, but nothing for Mrs. Donoghue's illness. Mrs. Donoghue sued Stevenson, the maker, for damages as a result. She made a claim for the shock and upset stomach that resulted, which she said were brought on by drinking the ginger beer.

The court then declared based on the previous case "The moral obligation to love your neighbour is changed to the legal obligation to treat them with respect, and the lawyer's inquiry of "Who is my neighbour?" is met with a limited response. You must exercise reasonable caution to avoid any actions or inactions that you can reasonably anticipate will endanger your neighbour. So who is my neighbour in law? The answer appears to be those who are so immediately and directly impacted by my actions that I should fairly consider them to be similarly impacted when I'm thinking about the actions or inactions that are in dispute."

As we can see from the aforementioned definition and example of the legal duty of care, we can relate it to the case study about the North-South Expressway accident that resulted in the deaths of four people who were trying to save friends who were trapped in a bus when they were struck by a trailer carrying sand. In my view, the bus driver and the driver of the trailer should be held accountable for the harm and destruction that resulted. The reason I feel both of them should be held accountable is based on the case mentioned above, where the court stated that the law requires that no one intentionally harm another person. The neighbour is the individual who is most immediately and significantly impacted by the act, and in the case study, the thing that we can relate with the duty of care for both of them is where the trailer driver should be aware that he is in a highway where all vehicles will use the road, so the neighbour in his case is that other user who use the road. The driver of a trailer is required by law to drive it carefully, to stay within the posted speed limit, and to adhere to the weight restriction that allows it to transport sand. The bus driver's next legal duty of care is to drive the bus cautiously, adhere to the posted speed limit on the highway, and check to see if the vehicle is in good working order to avoid accidents that could harm both other road users and the bus's occupants.