Case 1 Q1 1. Tort indicates the defendant who undertakes the wrong behavior and not fulfill the duty of care which regulated by the legislation. 2 the plaintiff will be suffered from damage to property and even the personal damage if the duty regulated by the law not be performed. 3 the employer has a duty to take responsibility to employee’s duty of care in the security. If the employer provides the unsafe or defective equipment to the employee on purpose, apparently there would be someone suffered from loss. 4 just because employer’s faults which provide the dangerous or defective equipment caused the injury of the staff. 5 the employer must afford the properly, functionally equipment to the employee unconditionally which is the law expect the employer to do so. 6 there is distinctive difference between tort and the duty of contract, in the contract, the parties can enter agreement freely while the law of the tort prescribed that we have the obligation to anybody and we have to abide it whereas we must take the liability to the victim. 7 in this case, Danny should realize his behavior or we should say his failure to act would bring a serious consequence to M. the owner of the car tied his security to Danny, so Danny should pay attention to this. 8 When Danny mends the car, he takes the responsibility on the duty of care and he should make sure Mrs.M can drive her car safely. 9 case: Bourhill v Young (1943)
The defender drove a motorcycle negligently past the inside of a parked tram at a road junction. On doing so, he collided with a car and was killed. The pursuer was on the far side of the tram when the accident occurred and did not witness the accident although she heard it. She later saw blood on the road and claimed to have suffered nervous shock and a subsequent miscarriage. It was held that the defender could not have reasonably foreseen that his failure to