Common law

Common law

Introduction

This scenario presents the legal issue related to tort of negligence. Law of tort encompasses much of the private law whose purpose is to compensate those who have suffered harm as a result of the negligence of another person. At common law, that law relates to the damage (Shapo, 2003, 9-11). As opposed to criminal law, involving the State, the law of tort showcases private parties who bring the accused to recover damages. Unlike contract law, where two parties agree on their respective rights and obligations in matters of tort, it is society that does so, through its judicial and legislative systems, which imposes obligations on every member society to act taking into account the rights of others.

Scenario 1

This scenario depicts the tort of negligence. Firstly discussing the case of John and Mary, it can be said that the liability of Mary's injury comes under the negligence of the shopping centre management. The management is responsible for the cleaning jobs, even if the water from the cooking unit leaks onto the floor. However one significant point in this case is that it represents the tort of negligence. John can sue the management for Mary's injury and for the damage o his sued jacket.

Here the proximity negligence is occurred which exists when the plaintiff is harmed due to the negligent act of the accused and the plaintiff injury must be a probable result of this negligent act (Owen, 1995, 65-79). For a defendant to be liable, the plaintiff must provide the details of the both negligence and the proximate cause.

Here the proximate cause here is the water leakage which was not the prime intention of the management. It is to be noted that the law speaks of the conduct of defendant as being a proximate cause of the accident in comparison to the proximate cause; various accidents have more than one proximate cause. It is not necessary for the liability that the negligence of the defender us either the only prominent cause of the injury (Owen, 1995, 65-79).

John can sue the management after revealing the facts of the negligence of the supermarket. He may be able to bring an action against the supermarket, only if he can prove that the management acted negligently that is without taking reasonable care to avoid injuring others. Only in this way tort law will allow compensation.

Secondly, Jane can only ...