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Introduction


The modern version of negligence was makeed in 1932 in the decision of Donoghue v Stevenson (1932) AC 562.
Negligence has been an important field of force of tort law, which would be particularly study on this research assignment.
According to the case, Jean as a regular shopper at East Four Corners Supermarket, who slipped on some grapes and broke her mortise joint in aisle 3 in the store, this assignment would accusation to analyze that is the supermarket liable in negligence for Jeans reproach? In addition, is there all difference if the incident was that Jean had slipped on some grapes in the fruit theatrical role?










2. Body

In negligence, the main concept of its definition, is an omission, that a person is just liable for harm that is the foreseeable consequence of their actions, that is, their failure to usance reasonable care and skill.

In pronounce to succeed in a negligence action the plaintiff must establish on the balance of probabilities (civil action) which are three elements of negligence: the defendant owed them a debt instrument of care; the defendant breached the employment of care to them; and they suffered damage as a result of the breach.

The first tonus to successfully establish the negligence action is that the defendant owe a duty of care to plaintiff.





Whether or not a duty of care exists is a incredulity of law, and it is a question that can only be answered by references to the facts of each mortal case.

To determine whether the defendant owe the plaintiff a duty of care, the courts today look first to foreseeability, then vulnerability and any policy considerations. Once the plaintiff established the defendant owed them a duty of care successfully, then has to establish that the defendant has breached that duty of care as following steps: the defendant fails to found a reasonable standard of care if: the risk of injury was reasonably foreseeable,
the risk was not insignificant, and the defendant did not harbor reasonable precautions...If you want to get a full essay, order it on our website: Ordercustompaper.com



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