TORT: Advise all the parties as to their potential claims in the tort of negligence, if any, as a r
Date Submitted: 09/22/2004 21:38:39
Category: / Law & Government / Law Issues
Length: 7 pages (1967 words)
Category: / Law & Government / Law Issues
Length: 7 pages (1967 words)
In advising the potential parties as to whether they have a prima facie case in the tort of negligence we must consider which parties have been wronged and then establish if they are owed a duty of care, whether there was a breach of that duty and whether the breach caused the damage for which the parties wish to claim damages. We must consider who is entitled to claim compensation and for what type of …
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…no bearing on the present claim for damages as in this case there is no reoccurrence of the old injury thus an argument that Brenda already suffered some illness would fail on the question of causation, the damage constituting a new illness.
Bibliography Tort Cases and Materials, Hepple & Matthews (1991) Butterworths.
Personal Injury Practice, John Henry QC (1992) Legal Action Group.
Tort Law, Markesinis & Deakin (1994) Oxford.
A Casebook on Tort, Tony Weir (1992) Sweet & Maxwell.
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