CASE STUDY

Law of Negligence: Remedies and Defenses

Law of Negligence: Remedies and Defenses

Introduction

This paper defines two cases on which law of negligence is to applied. Both of them happened on the same night. Davinder got stabbed by Malcom inreturn of a fight, and Andrea was neglected by her friends resulting in brain damage. Since the club is owned by Susan then she has the liability of something wrong happening to her customers. Both of her customers Andrea and Davinder suffered due to the negligence of the door staff. If they wouldn't have let Malcom enter the club then Davinder would have been saved. Davinder was a heavy drinker but not trouble maker. Malcom already had bad history so he was not suppose to be allowed in the club.

The duty is breached because security is not provided to Andrea and Davinder which Susan is suppose to provide. Andrea and Davinder are both seriously injured because of Susan's staff's negligence. Incase of breach of contract Susan will be liable of all the charges applied to her. The law of negligence applies to this particular case. Negligence is the ways that fall below the standards of actions recognized by law for the safety of others against unreasonable risk of harm. He or she has acted negligently if departed from the conduct expected of a convincingly prudent person acting under related conditions. It is the value or condition of being negligent, need of due diligence or care, act or an example of negligence or carelessness. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty.

Applied charges are a fine of up to one hundred twenty thousand rubles or the salary or other income for the period up to one year, or by compulsory works for a period of one hundred twenty to one hundred and eighty hours, or correctional labor for up to one year, or arrest for up to three months (Hirsch & Ashworth 1998, 23).

The same action which negligently caused, serious bodily injury or death of a person shall be punished by imprisonment for a term not exceeding five years, with disqualification to hold certain posts or practice certain activities for up to three years or without it.

The act provided the first part of this article, committed on imprudence entailed death of two or more persons shall be punished by imprisonment for a term not exceeding seven years, with disqualification to hold certain posts or practice certain activities for up to three years or without it (Dear & Edward 2007, 683).

Degrees of Negligence

Degrees of negligence are the levels or grade of negligence into which it has been divided by statutes and judicial decisions, ranging from minor negligence to that which is gross, willful, or wanton.

It is the measure of negligence essential for liability to result. For example, parties under compulsion to exercise great care, such as ...