Saturday, May 4, 2019

Tort law Essay Example | Topics and Well Written Essays - 2000 words - 2

tort law - Essay ExampleThe element of forseeability means that a intelligent person in the good deal would surrender been able to anticipate that such damages could arise. In the shield of gimcrack Contractors, they ar professionals who are in the business of setting up light fixtures, therefore they would be expected to be reasonable conversant with the necessary procedures for doing so and dangers that could arise out of negligence. Therefore the element of foreseeability whitethorn be constituted in this case, since damages were likely to occur through negligent drilling of electrical wires, therefore workers should have been more sympathize withful.Secondly, the relationship of the parties may also be established in this case. While a traffic of care may not arise or be owed to a particular claimant if that claimant was unforseeable2 in this case, Shoddy Contractors in installing street lights outside Maggies building owed a duty of care and had a relationship with all the clients in the building to whom it was providing a service. In some cases, a duty of care has not been imposed when it could have led to unduly defensive practices adopted by defendants to the extent of interfering with their performance of a public duty, for example in the case of Hill v CC of westmost Yorkshire.3 While in this case also, a public duty is being performed by Shoddy Contractors, in time they would be expected to take minimum precautions in drilling through electrical wires and the event that occurred may be held violative of the duty of care.The actions of Shoddy Contractors in drilling through an electrical wire would peg down as a negligent act that occurred through the failure to take reasonable precautions. For example, in the case of Barrett v Ministry of Defence4 it was held that when a person undertakes to perform a task, he also assumed the duty to drool it out

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