Biz Law

Redo Assignment 3

Understand and Apply the Principle of Liability in Negligence in Business Situations

Name : Ariff Faisal Bin Jamaludin

Class : HND 2A

ID : SHM 13-01-4136

Assessor : Sir Ahmad Shahriman

Task 2

The nature of liability in negligence and the existence of the elements of negligence in the above case as well as the possible defences to be raised up.

Negligence

In tort law negligence may be defined as the failure to act reasonably, i.e., as a reasonable man would act. The reasonable man exercises care not to injure others. To the reasonable man some truths are self-evident. The reasonable man knows the difference between direct facts and imagined conjectures. The reasonable man cares for his neighbor's welfare. He does not steal. He does not lie. He acts responsibly to others and to himself (Negligences). From the definition above, it describes the situation when someone accidentally did something wrong, which causes another person to get hurt. A person may be held liable for any damages they cause through negligence behavior.

In the negligence, there are three elements that someone can succeed in a tort claim. There are:

* Duty of care

* Breach of duty

* Damages

Duty of care

A duty of care is a duty to take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure persons who are so closely and directly affected by your act or omission (Raniolo). In other word, duty of care is the duty that must do something with carefulness in the person who is closely and directly affected. The existence of a duty of care for personal injury and property damage was originally decided by Lord Atkin's neighbour test from Donoghue v Stevenson (1932).

In case of Donoghue v Stevenson (1932), this case is the first successful attempt to state the general principles with respect to the concept of the duty of care. . How as lawyers realized this principle could be manipulated to be used...