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Law Case Study

In: Business and Management

Submitted By jackuws2014
Words 1499
Pages 6
Question 1
Issue: Is Mark liable in negligence? Does Mark owe a duty of care to Dick? Is Mark liable for the injury caused to Dick? Does Mark owe a duty of care to Laura? Is Mark liable for the psychological suffering caused to Laura? Does Mark owe a duty of care to Tony? Is Mark liable for the injury caused to Tony? Does Mark owe a duty of care to Jacques? Is Mark liable for the blood poisoning caused to Jacques?
Law: “Negligence is the omission to do something which a reasonable person would do or doing something which a prudent and reasonable person would not do” (P204, Gibson A and Fraser D, 2014). It consists three elements in determine negligence.
Duty of care: according to the ‘neighbor principle’ one must love his or her neighbours who are closely and directly affected by their act and the neighbours have to be taken into consideration during the person’s acts or omissions.
Breach of duty, which requires a two-stage test: to determine whether or not the risk was reasonably foreseeable, and secondly probability that the harm would have occurred if care had been taken and the burden of taking such precautions.
Damage, which includes economic, to property or to the person; however there must be actual damage which is reasonably foreseeable and the loss or damage is directly caused by de defendant’s breach of their duty of care.
Dick
Application: In this case, Dick is a ‘neighbour’ of Mark’s as Children from neighbouring school catch bus close to Mark’s residence place at 3:30pm, and Dick got hit and had his leg scratched by stones fall from Mark’s excavation. It is Mark’s duty be able to foresee the possibility of dirt and stones to fall off from excavation during storm (sky was turning dark at 1:30pm) and the following danger it can cause, and taken relevant methods to prevent it. Mark should carry a heavier duty of care in this case because a child

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