The Law of Torts for Protection the Interests of the Other People Essay

The Law of Torts for apology the Interests of the Other People - Essay ExampleThe issue in this research is that jester dug a certain portion of his yard to build a wall around his front garden. During the process, heavy come down disturbed him and he did non bother to cover the exposed area and a heap of detritus falls into the street. ray is hit by some stones and is injured on his leg. On the other hand, Laura, Dicks mother suffers a nervous breakdown after seeing Dicks injuries. Tony who was locomote his scooter down the street fell and broke his arm when hit by some dust from the open pit. Jacque who was on the other side of the road assisted Tony after the accident and she was later septic with a rare form of blood poisoning which is caused by bacteria found in the soil. From the above scenario, it can be observed Dick, Laura, Tony, and Jacque have rights to file a lawsuit against Mark who is liable for the tort of negligence. In order for the plaintiffs in the above-m entioned scenarios to win their cases, they must prove to the courts that Mark owed them a trade care and that barter of care has been breached. In order to prove the existence of daycare duty, some conditions should govern as illustrated by the case of Capiro Industries vs. Dickman. These conditions include foreseeability, proximity as well as reasonability. The occupiers also owe a duty care to ensure that all people who enter their premises are non injured even the trespassers. However, duty care does not always exist hence these factors need to be taken into account. Broadly speaking, some situations are foreseeable to any reasonable person before they figure on a particular action. From the above case scenario, it can be noted that Mark was not reason enough to leave the excavated area unprotected. As illustrated in the case of Hackshaw v. Shaw, occupiers have a duty care to all who pass through their places even trespassers. It can also be seen that it was foreseeable th at a storm was building and Mark was not likely to complete his job on time. The element of proximity also exists where Mark excavated an area that was close to the road. As such, it is advisable that Dick, Laura, Tony, and Jacque take legal action against Mark since they can prove to the court that Marks actions have been negligent and have led to their injuries. credible people usually do not behave the way Mark acted.