Negligence Tort Law Essays

In this case in question, B (patient) was examined by A (doctor) since he had a chest problem.

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But after being discharged B died due to a heart attack.

It is the prescription that B's wife believes caused the death of her husband.

However, Deakins (2003) clearly stated that the sign has to be adequate in language, location and given in a proper manner, otherwise it will not discharge the duty of care.

As explained by Dias (1989), Employer's Liability Act 1969 made compulsory for all the employers to have liability insurance.

There are three elements in the tort of negligence; duty of care, breach of the duty and damages.

Duty of care means that any single person must always take reasonable care so that he can avoid omissions and acts that he can foresee reasonably as likely to result to injury to his neighbor.

M has to prove that not enough reasonable precautions have been taken.

Compensation for the injury is reduced on the percentage of contributory negligence.

It's doping something that a prudent person wouldn't do.

It is the legal cause of damage if it directly, naturally and continuously contributes in causing that damage.


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