BUSINESS MANAGEMENT AFFAIRS

BUSINESS MANAGEMENT AFFAIRS: Tort of Negligence

The word Tort is derived from Latin word “Tortus”, meaning twisted. It is known to be used in English as a synonym for “wrong”. Now, the word is no more in typical usage, rather it is used in legal terms. It means a civil wrong, apart from contractual wrong resulting in claimable damages. One who commits a tortious act is termed as Tortfeasor.

The term Negligence in law, means a failure to perform the appropriate efforts/duty (Encyclopedia Britannica, 2011), or it is a tort which involves a breach (violation) of duty (www.oup.com/uk, 2012, p. 5.)

Negligence is perhaps the most significant tort today. It is of immense importance because of principles it is founded on, have wide and typical application. The renowned case of Donoghue v Stevenson considered the beginning of law of negligence. The elements of Tort of Negligence involve proving a duty of care, a breach of that duty, and subsequent causation of harm/damage, that is not too remote

In order to file a successful case of negligence, three propositions need to be established (Lochgelly, McMullan, 1934, p. 25). It is to be proved that defendant was liable for duty of care to the claimant, once it gets establish then; it has to be proved that the duty of care is not up to the required standard of law, and finally the claimant suffered damage that is recognized as compensable in the eyes of the law(http://www.londoninternational.ac.uk, 2012, n.d.).

In this case of Cheryl v, Doctor, Cheryl and her doctor are in a professional relationship. Where the doctor is responsible for prescribing medicine for remedy and prevention. Cheryl, before going to India was concerned about getting infected by pathogens, and she particularly visited the doctor for that. It was the professional duty (duty of care) of the doctor to prescribe her relevant medicines and vaccines. Malaria is very much common particularly in that region. So the event was pretty much predictable. Doctor forgot to prescribe the medicine for Malaria, and she got infected during her visit.

Now, it is clear that Cheryl was in a duty of care relation with the doctor. Doctor forgot to prescribe the malaria tablets, which is breach (violation) of duty of care. Cheryl suffered from malaria which affected her preplanned activities, and ultimately loss of sales. This monetary loss is recognized as claimable damage. Further the issue of loss because of not being included in National Records is, however, a matter of judgment by the court of law.

In order to determine, if the damage relating to not being included in the National records, is claimable, let's see the type of damages. There are types of damages which are considered under the law a claimable and the extent to which it possess liability of the defendant in case of losing the case. Monetary loses as a direct result of negligence are unquestionably claimable, however, there are some special damages which differ from case to ...