In relation to the law of tort, explain what constitutes the tort of negligence.

      

In relation to the law of tort, explain what constitutes the tort of negligence.

  

Answers


Maurice
In the words of Anderson B. in Blyth V. Birmingham Water Works Co. negligence is the
“omission to do something which a reasonable man, guided upon those consideration which ordinarily
regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man
would not do.”
It is the doing of what a reasonable man would not have done in the circumstances or not
doing what he would have done.

In order to succeed in an action based on negligence, the plaintiff must establish the
elements of the tort that is:
(i) Legal duty of care.

(ii) Breach of duty.

(iii) Loss or damage.
These are the elements of the tort of negligence.
maurice.mutuku answered the question on May 2, 2018 at 12:00


Next: Mutiso owned a bakery in Kangundo Town. He sold it last year to Munyao. He agreed, as part of the sale, not to carry on a...
Previous: Mrembo visited Beutex shop to buy cosmetics. Owing to the slippery nature of the floor, she slid and broke her leg.Identify the tort that may have...

View More CPA Commercial Law Questions and Answers | Return to Questions Index


Exams With Marking Schemes

Related Questions