Alex Omidvar
Explain the liability requirements in the tort of negligence and Outline and Analyse when
damages are available for the tort of negligence.
Introduction
This assignment fully illustrates the liability requirements in the tort of negligence and
thoroughly explains when damages are available for the tort of negligence. All the different
rules are distinguished with their relevant case laws and examples. Furthermore, the
fundamental aim of this assignment is to demonstrate how different each case is compare to
the others which require a great analysis of the law in order to fully comprehend the tort of
negligence. The nature of this topic relies on the case laws as that’s how new laws have been
established within the legal system.
UK Statistics on Workplace Accidents
This statistics demonstrate that most workplace accident occur by manual handling with 27%
and contact with moving machinery with 19%. The small proportion of 2% for hit by moving
vehicle shows that most workplaces are safe from injuries regarding moving vehicles.
Existence of a duty of care
In the English tort law, people may owe a duty of care to others and this is to assure that they do not
suffer any unreasonable harm or loss. A legal liability can be imposed upon the tortfeasor to
compensate an individual who has suffered if such a duty is found to be breached. The ideology of the
duty of care was developed at common law, throughout the 20th century. Moreover, the main principles
in this matter were created in the case of Donoghue v Stevenson.
1