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Duty Of Care Essay Answers

The duty of care - Law Teacher The duty of care - Law Teacher
The duty of care arises in the tort of negligence, a relatively recently emerged tort. ... This is not an example of the work written by our professional essay writers. ... The answer seems to be-persons who are so closely and directly affected by my  ...

Duty Of Care Essay Answers

In each of the following situations consider both whether there is a legal duty of care and whether there should be (i) iris, a 2-year old child, falls into two feet of water. Do you agree? An answer to this question, which is the type of thing that might be expected in an exam or as an assessed essay title, would require knowledge of the principles on which a finding that a duty of care should be owed by a defendant in respect of negligently-caused pure economic loss rest on. Floodgate factors and the like should be relevant, if at all, to secondary question of whether the defendant should be under a duty to compensate the claimant for losses caused by their failure to take care.

An answer to this question can go one of three ways, all of which are eminently arguable the answer you give, of course, will depend on your own opinion andor readingunderstanding of the cases. A close examination of the cases would be necessary and better answers would be those that fully engaged with the judgments, andor with academic commentary on them. Dr smith clearly owes pip, his assistant, a duty to take reasonable care while sawing her in half.

This is particularly true when it comes to the distinction between statement-based losses and those based on activities or conduct. That said, all answers would have, somewhere, to explain what economic loss actually is, and how this is distinct from other types of economic loss. .

There is a legal duty here, doreen owes charlie a duty of care (see further the occupiers liability act 1957 discussed in chapter 11). While out shopping, kates 7-year-old daughter slips out of her hand and runs into the road causing a serious accident. Do you think she owe a duty in this case? Is the accident really her fault? There are similarities here with (vi) helen negligently leaves the door of her fireworks factory unlocked one night, some boys enter the factory and steal a large quantity of fireworks, which they light in the nearby park.

Obviously, to do this really well (and this is probably fundamental if this were an assessed essay), it would be great to look at what stapleton said in context. There is no legal duty to rescue strangers, that is to come to anothers aid (see further chapter 4). In order to answer this question you need to outline the criteria used by the courts to determine whether there is a duty of care that is the three-stage test and incremental approach.

One night while performing his signature trick which involves cutting his assistant, pip, in half he accidently slices into her side causing her to bleed heavily. Do you think the fact that ben and iris are related (iii) doreen, an elderly woman, lives alone in an isolated farmhouse. It requires a defendant to actually take care and hence not harm the claimant in the first place. Try to work out what exactly she meant when she used the phrase? Was she saying they are, for example, weak concepts in which case critique should focus on this? Or, did she mean soft in the sense of being malleable easily moulded in which case a closer look at the case law (especially post- ), and critique of these later developments, should help in arriving at a conclusion. Dr smith is also likely to owe dan a duty of care, although issues relating to breach, cause and defences would have to be considered before it could be established that dr smith has been negligent.


Tort of Negligence Problem Question Case Study - Law Teacher


Tort of Negligence study for an example case scenario. Example Tort Law problem question with two different answers.

Duty Of Care Essay Answers

Tort Law - Oxford University Press
Chapter 3: Answers to end-of-chapter questions. 1. What purpose does the concept of duty of care serve? Why shouldn't everyone who falls .... This is the type of essay question you are likely to get on this topic. In order to answer this question ...
Duty Of Care Essay Answers On seeing this, pips new boyfriend, dan, who is in the audience faints and falls and hits his head he suffers severe concussion. Introduction The concept of duty of care in negligence has developed in a. Question. If this is the case, then ben will owe iris a legal duty to take care except in circumstances where ben does not know iris is his daughter, as biology alone is not enough to establish a relationship. According to the www. Do you think this should be the case? So have a look at the occupiers liability act 1984 (discussed in chapter 11) and also the case of (iv) dr smith is a well know magician. Secondly, it can be argued that the law in this area and its development in fact be explained coherently. Existence of duty of care (here under an established duty category); Breach of duty (by . 1. Thirdly, this could be answered by saying that the law on duty of care in pure economic loss has sometimes developed coherently (albeit with the odd exceptional case, as indicated above) but at other times appears more irrational this is possibly the hardest answer to be able to write. While kate will owe a duty of care to other road users, it is unlikely (so long as she was keeping an eye on her daughter) that she will be in breach of her duty of care. There should also be some explanation of pure economic loss has been treated differently from other forms of economic loss i.
  • Tort Law - Oxford University Press


    On the idealist view adopted by mcbride and others we should take the notion of a duty of seriously. A close examination of the cases would be necessary and better answers would be those that fully engaged with the judgments, andor with academic commentary on them. Dr smith clearly owes pip, his assistant, a duty to take reasonable care while sawing her in half. If this is the case, then ben will owe iris a legal duty to take care except in circumstances where ben does not know iris is his daughter, as biology alone is not enough to establish a relationship. Do you think this should be the case? So have a look at the occupiers liability act 1984 (discussed in chapter 11) and also the case of (iv) dr smith is a well know magician.

    In each of the following situations consider both whether there is a legal duty of care and whether there should be (i) iris, a 2-year old child, falls into two feet of water. However, the question is not the history of, so a mere description of how the law has developed over time is simply not enough and will attract only very low marks. This causes an explosion that seriously injures ben who is walking his dog in the park to do something i. An answer to this question can go one of three ways, all of which are eminently arguable the answer you give, of course, will depend on your own opinion andor readingunderstanding of the cases. There is a legal duty here, doreen owes charlie a duty of care (see further the occupiers liability act 1957 discussed in chapter 11).

    Ben, an adult, walks by and offers no assistance. An answer on this basis would have to look at the general exclusionary rule stating that there is no duty of care in respect of economic losses, explain why the rule exists (see above), and critique the rule, particularly with regard to any (seemingly or explicit) inconsistencies with the way it has been applied the cases. There should also be some explanation of pure economic loss has been treated differently from other forms of economic loss i. Do you think she owe a duty in this case? Is the accident really her fault? There are similarities here with (vi) helen negligently leaves the door of her fireworks factory unlocked one night, some boys enter the factory and steal a large quantity of fireworks, which they light in the nearby park. You might also want to touch on the courts seek to impose limits however you should not become distracted by this. Dr smith may try and raise the defence of consent ( though this is unlikely to succeed (see further chapter 10). You then need to consider the extent to which these limits are intelligible. The only significance in finding a duty of care is that it says that the defendant will have to compensate the claimant for any losses they have carelessly caused them. However, if we take the idealist view, which views tort law as primarily concerned with telling people how they may and may not act, then we should be asking whether (and if so where) there are situations in which we shouldnt be required to take care not to harm others. There is a general exclusionary rule, based on a set of principles, and those principles, apart from perhaps the odd case (which may turn on an unusual set of facts), have generally been consistently applied.

    Thirdly, this could be answered by saying that the law on duty of care in pure ... be expected in an exam or as an assessed essay title, would require knowledge  ...

    The Concept Of Duty Of Care Law General Essay - Uni Assignment

    Introduction The concept of duty of care in negligence has developed in a ... The answer seems to be: persons who are so closely and directly affected by my act ...
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    However, if we take the idealist view, which views tort law as primarily concerned with telling people how they may and may not act, then we should be asking whether (and if so where) there are situations in which we shouldnt be required to take care not to harm others. The question asks about the of the legal development of this area of negligence, i. While out shopping, kates 7-year-old daughter slips out of her hand and runs into the road causing a serious accident. While a political and socio-economic context is helpful, for example, in understanding the development of the law and in particular its peaks and troughs, it doesnt really help us to understand the modern landscape of pure economic loss and the reinterpretations of some of the principles that recovery for such losses is supposed to be based on Buy now Duty Of Care Essay Answers

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    Do you agree? An answer to this question, which is the type of thing that might be expected in an exam or as an assessed essay title, would require knowledge of the principles on which a finding that a duty of care should be owed by a defendant in respect of negligently-caused pure economic loss rest on. Try to work out what exactly she meant when she used the phrase? Was she saying they are, for example, weak concepts in which case critique should focus on this? Or, did she mean soft in the sense of being malleable easily moulded in which case a closer look at the case law (especially post- ), and critique of these later developments, should help in arriving at a conclusion. On the idealist view adopted by mcbride and others we should take the notion of a duty of seriously Duty Of Care Essay Answers Buy now

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    Dr smith clearly owes pip, his assistant, a duty to take reasonable care while sawing her in half. Is it possible to give a coherent account of the development of the law on pure economic loss in negligence? Clearly this is a question about the history of the development of the law on pure economic loss in negligence, and could be something that formed the basis for discussion in a seminar or tutorial, or it could be the sort of question you might expect in an exam. Why? Can you think of examples from the cases you have read to support your view? Your answer to the second question will depend on which view you adopt (although in any exam question you should usually address both views). It is important to note that these tests only become important in relation to problematic duty areas Buy Duty Of Care Essay Answers at a discount

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    Obviously, to do this really well (and this is probably fundamental if this were an assessed essay), it would be great to look at what stapleton said in context. Why? Can you think of examples from the cases you have read to support your view? Your answer to the second question will depend on which view you adopt (although in any exam question you should usually address both views). How have the courts sought to place limits upon the duty of care owed in negligence and to what extent do you consider that such limits are intelligible? This is the type of essay question you are likely to get on this topic. There is a general exclusionary rule, based on a set of principles, and those principles, apart from perhaps the odd case (which may turn on an unusual set of facts), have generally been consistently applied Buy Online Duty Of Care Essay Answers

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    This causes an explosion that seriously injures ben who is walking his dog in the park to do something i. However, the fact that he has sliced into her this does not mean he has been negligent (though it seems likely!) pip would have to show that dr smith has breached his duty of care to pip by falling below the standard of care expected (see further chapter 8), as well as causation though this too is likely to be straightforward (chapter 9). Do you think the fact that ben and iris are related (iii) doreen, an elderly woman, lives alone in an isolated farmhouse. The only significance in finding a duty of care is that it says that the defendant will have to compensate the claimant for any losses they have carelessly caused them Buy Duty Of Care Essay Answers Online at a discount

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    This causes an explosion that seriously injures ben who is walking his dog in the park to do something i. Try to work out what exactly she meant when she used the phrase? Was she saying they are, for example, weak concepts in which case critique should focus on this? Or, did she mean soft in the sense of being malleable easily moulded in which case a closer look at the case law (especially post- ), and critique of these later developments, should help in arriving at a conclusion. Better answers might place their discussion of these factors in a political context what was going on in the world at the time (of the big decisions) and why might this have affected the way judgments were being made? Related to this is the idea of what was going on in the law of as a whole when big decisions on pure economic loss were being made, as well as what was happening in contract law (as many of these cases overlap the contracttort boundary) Duty Of Care Essay Answers For Sale

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    You should give examples of how these approaches work in practice the economic loss cases would be good examples (see chapter 7). There should also be some explanation of pure economic loss has been treated differently from other forms of economic loss i. It is important to note that these tests only become important in relation to problematic duty areas. Why? Can you think of examples from the cases you have read to support your view? Your answer to the second question will depend on which view you adopt (although in any exam question you should usually address both views). The question asks about the of the legal development of this area of negligence, i.

    Floodgate factors and the like should be relevant, if at all, to secondary question of whether the defendant should be under a duty to compensate the claimant for losses caused by their failure to take care For Sale Duty Of Care Essay Answers

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    More contentiously, perhaps, she may also owe any would-be burglar a duty of care too. However, the question is not the history of, so a mere description of how the law has developed over time is simply not enough and will attract only very low marks. As for whether there be a duty this is up to you! Either way you need to be able to justify you think there shouldshouldnt be a duty. Again, the relation of pure economic loss claims to the development of the law on negligence as a whole, as well as to the world at large, could provide useful context for stronger answers. Dr smith may try and raise the defence of consent ( though this is unlikely to succeed (see further chapter 10).

    Better answers might place their discussion of these factors in a political context what was going on in the world at the time (of the big decisions) and why might this have affected the way judgments were being made? Related to this is the idea of what was going on in the law of as a whole when big decisions on pure economic loss were being made, as well as what was happening in contract law (as many of these cases overlap the contracttort boundary) Sale Duty Of Care Essay Answers

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