Business Law

Introduction

James is an ice hockey sportier and he is 19 years old. He wants to achieve the goal for play in a representative team. So, he must listen and follow to the team coach and doctor provided a special diet treatment that includes vitamins and supplements. When James requested for a ‘clean body’ policy but he fail the test due to the supplements like as recreational drugs. He claims the team coach and doctor of negligence. Did the team coach and doctor committed the tort of negligence? In discussion for the tort of negligence, through duty of care; professional conduct; consent; voluntary assumption of risk to proof the team coach and doctor are committed the negligence duty of care, and through vicarious liability to transfer their negligence to the organization of ice hockey.

Issue

James claims the team coach and the doctor of negligence. Did the team coach and doctor committed the tort of negligence?

Law / Rule

The Tort of Negligence

When a person fails to take reasonable care to prevent harm other person that he /she may liable in the tort of negligence.1 Negligence defined as the omission and foreseeable, three elements of negligence, they are duty of care; breach of that duty and suffered damage by foreseeable consequence.2

Duty of care

The reasonable foreseeability test is determined the person who are so closely and directly affected by someone act and caused the claims, how the plaintiff closed like as neighbor. The general duty of care between employers and their employees; doctors and their patients; teachers and their pupils; motorists and other road user etc.3 The case Donoghue v Stevenson (1932) AC 562 is a typical case duty of care in tort of negligence.4 Nevertheless, even when a general duty of care is owed a defendant will still not be liable unless the type of harm sustained was also foreseen.

Professional conduct

Professional conduct is the defendant has specific skill and knowledge or profession in specific...