Tort of Negligence

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Date Submitted: 11/29/2012 02:24 AM

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Tort is defined as a wrongful act against an individual or body corporate and their properties. This also gives rise to civil action. Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. Tort of negligence is the breach of a legal duty to take care, resulting in damage to the claimant which was not desired by the defendant. It also defined as the omission to do something

Which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. The area of tort law known as negligence involves harm caused by carelessness and is not intentional harm.

Blyth v. Birmingham Waterworks Co, Birmingham Waterworks Co

As for the case of Blyth v. Birmingham Waterworks Co, Birmingham Waterworks Co. is here to describe as the defendants. They had installed water mains and fire plugs on the street where Blyth, the plaintiff, lived. After 25 years without any problems, an unusually cold frost caused one of the plugs opposite Plaintiff’s house to freeze. The damaged plug leaked a large quantity of water into Plaintiff’s home. Plaintiff sued Defendants for damages based on negligence. Plaintiff was awarded damages for negligence by the jury and Defendants appealed, asserting that the severity of the frost of 1855 was unforeseeable. The court found that the severe frost could not have been in the contemplation of the Water Works. They could only have been negligent if they had failed to do what a reasonable person would do in the circumstances. Birmingham had not seen such cold in such a long time, and it would be unreasonable for the Water Works to anticipate such a rare occurrence. Negligence is determined by a reasonable person standard. A person is not negligent if his conduct and precautions conform to the standard obeyed by a prudent or reasonable person. A reasonable man...