Tort coursework Essay Example | Topics and Well Written Essays - 2500 words

Tort coursework - Essay ExampleBloke can pursue damages against throttler Ltd., Right. Ltd and Shoddy Plc under the Compensation Act 2006 since it permits joint liability when asbestos exposure can be attributed to 2 or more defendants.1The test for determining whether or not a duty of care pull through was first established by the landmark case of Donoghue v Stevenson. In this case Lord Atkin introduced the live principle which is the accepted test used for ascertaining whether or not a duty of care is owed and to whom. accord to this principle a duty of care exists in the sense that an individual is required to take tot ally necessary precautions to prevent injury to ones neighbour. Who then in law is my neighbour? The resolvent seems to be persons who are so closely and directly affected by my act that I ought to digest them in contemplation as being so affected when I am directing my thinker to the acts or omissions which are called to question.2Over the years the neighb our principle has become the cornerstone for all cases involving tortuous claims. In the leading case of Caparo Industries v Dickman the neighbour principle was elaborated on. It was held that in point to ascertain whether of not a duty of care existed there must be proximity of kind between the parties. First and foremost, however, the resulting harm must have been foreseeable. Moreover, the imposition of a duty of care in the circumstances must be fair, just and equitable.3 In a later case it was held that the criteria set forward in Caparo Industries v Dickman was applicable and relevant in all subsequent cases.4As to whether or not it is fair or just to impose a duty of care Lord Diplock addressed the hump in Dorset Yacht Co. Ltd v Home Office. He simply said that the choice is exercised by reservation a policy decision whether or not a duty of care ought to exist.5 In this case a successful claim was made against the Home Office in respect of prison house Officers when juv enile delinquents