Research paper for case study about Tort and Negligence (course Legal

For case muse about Tort and Negligence (course Legal Foundation for Accountants) - Research Paper ExampleA tort law can be described as a civil wrong non arising from a contract and in the case of negligence, one should owe due consideration to ones neighbour (Capiro Industries vs. Dickman 1990). Negligence therefore, can be described as the act of doing something a reasonable man would not do and a complainant must(prenominal) raise in such a case that the defendant owes a duty of care (Donoghue V. Stevenson 1932).In this case, it is of paramount importance for the claimant to be able to prove that the thoughtless behaviour of the defendant which is Bull Pty Ltd would have caused the loss of the lucrative contract to supply the toys in golf-club to win the claim that the subsequent loss after the action of the Dan could have been avoided in the event that he would have acted within reasonable limits. There are traditionally four elements of the tort of negligence which the plaintiff has to prove in order to be successful in winning the claim. There is need to prove that the defendant owed the plaintiff a duty of care, the defendant breached that duty by falling below pass judgment standards, the defendants conduct caused the plaintiff to suffer physical or economic disparage and the harm suffered by the plaintiff was reasonably foreseeable (Name of author and year). The four stage test has been reformed by statutory civil liability reforms in all States and Territories where recovery for loss in that situation must not be excluded by the statute. As going to be discussed in detail below, Kids P/L can establish the four elements of negligence.The House of Lords in the case of Capiro Industries vs. Dickman (1990), proposed the adoption of the following conditions where the three stages should be taken into consideration which include foreseeability, proximity as well as reasonability. In some cases it whitethorn not always follow that a duty of care