Tort Law

The issue here is whether Stella can bring a learn against the leisure order for negligence. It is important to establish whether leisure company owes a transaction of solicitude to Stella. Secondly, it is necessary to show that a particular duty has been breached. Thirdly, the damage has been sustained as dish out of defendants actions or visitation to act. In Donoghue v Stevenson [1932] it was established that a duty of care is owed to the ultimate consumer or guest using a neighbour principle. Lord Atkins in this case stated You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? The answer seems to be persons who are so closely and directly impact by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question. Using this principle it is easy to conclude that Stella, a customer of leisure company, can be considered as a neighbour. If Stella is in spite of appearance the premises of leisure company and is using their equipment it is hard to moot that she would not be affected by their actions and omissions or failure to act.

Donoghue v Stevenson is certainly fundamental law in simile to duty of care, however, foreseeability alone is but one element. and is not becoming to establish whether a person is owed a duty of care. Furthermore, Caparo Industries v Dickman three stage test is necessary to determine whether a person is owed a duty of care. Firstly, it is necessary to establish whether the lesion or loss is reasonably foreseeable. It is clearly visible that the dent or loss Stella suffered was foreseeable as there was a shortage of staff to supervise that day and the equipment was poorly maintained. Secondly, there is sufficient proximity as Stella is a client of leisure company. Thirdly, it is fair just and reasonable to impose legal duty on leisure... If you want to get a full essay, order it on our website: Orderessay

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