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Essay / Research Paper Abstract
This 4 page paper looks at a case where an woman slips on oil and break her ankle, The oil is silt by another woman when she dropped her shopping who madden attempt to clear it up or minimise the danger. This paper considers whether there is a case that can be brought under tort. Numerous cases are cited throughout the paper. The paper is written with reference to English law. The bibliography cites 2 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEtortol.rtf
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Unformatted sample text from the term paper:
dropped a large bottle of sunflower oil from her shopping and had made no subsequent attempt to clear away the spillage. Mrs Talior is questioning if she can take actions
against Miss Broadhurst. A tort of negligence has bee defined as " the breach of a legal duty to take care which results in damage, undesired by the defendant,
to the plaintiff" (Rodgers, 2002; 72). Therefore, for this to be actionable it needs to be proven that Miss Broadhurst owed Mrs Tailor duty of care. Traditionally there are
three main factors that need to be proven; that the defendant owed plaintiff a duty of care, that the defendant breached that duty of care and that the damage flowed
from the breach (Elliott and Quinn, 2000). Here there is an issue of the duty of care, did Miss Broadhurst owe Mrs Tailor a duty of care. They were
both road users, even if they are pedestrians. The foundation case is that of Donoghue v Stevenson (1932), here there was no direct relationship between the claimant and the plaintiff.
In terms of the way in which the pavements or roads are treated the case of Haley v London Electricity Board (1965) may also be seen to give the case
strength, as injury to a blind person was foreseeable and action had not been taken to protect the plaintiff (Elliott and Quinn, 2000).
In this is we use the older approach of Lord Wilberforce laid down in Anns v Merton Borough Council (1978), with the two stage test, the first stage,
the neighbour test, this asks if the defendant could reasonably foreseen harm occurring. It would appear apparent that under this test, spilling a large amount of oil on a pavement
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