Law Assignment for Legal Framework

1.0 Introduction3

2.0 Background3

3.0 Duty of Care for Negligent Acts5

3.1 Historical Approach5

3.2 Contemporary Approach5

3.2.1 Reasonable foresee ability6

3.2.3 Neighborhood Factors7

3.2.4 Social Policy7

4.0 Standard of Care8

4.1 Requisite Standard: That of a Reasonable Person8

4.2 Has the Standard been breached?9

4.2.1 Probability of Harm9

4.2.2 Seriousness of Possible Injury10

4.2.3 Costs and Difficulties of Avoiding or Reducing the Risk10

4.2.4 Value of the Defendant's Conduct10

4.2.5 Conformity with Established Standards10

5.0 Analysis11

5.1 Complying With the Law11

5.2 Leading Precedents12

5.3 Neighbour Principle12

6.0 Conclusion13

Law Assignment for Legal Framework

1.0 Introduction

Talking about the tort law, the standard of care might be termed as something that has degree of prudence and there is need for certain caution when making sure that there are individuals who are coming under the umbrella of duty of care. The overall requirements of the standards are subject to vary from person to person. Even thought if the standard of care might have been breached, it is being determined person who looks for facts in the legal proceedings. The person is more often than not termed as person with suitable moral conduct and might appear as someone who is a reasonable person.

When certain individual looks at things with the individual perspective, the ordinary professional that might be prudent that is having same level of training and expertise might be inclined to circumstances that are same. When one looks at it, some of the standard averages might not have been applied as in such an instance, more or less half of the group that are practitioners are not deemed to qualify. The medical malfunctions that are part of the plaintiff should make an effort to establish the necessary standard of care. Due care must be given in the demonstration, and it has to be made sure that standard of care must not be breached at any cost.

2.0 Background

When one looks at some of the common laws, it can be seen that some of these laws were mostly limited to those with whom there was this need for privity. This need for privity came into existence when it was seen that some of the cold realities of the Industrial Revolution ( The Second One) had forced the caution needs as some times the hapless customers where facing many harsh results in some of the product and liability cases Caparo Industries plc v Dickman [1990] 2 AC 605. When one looks at the idea of general duty, it implies that general duty of care must be provided to all the prospective clients who are affected one way or another by the conduct of another people. The basic idea for the general duty of care comes into front due to the fact that events that could be affected by the cold realities of the Second Industrial Revolution.

It has to be kept in mind that the basic idea of general duty of care has to be accepted at the wider level, and it has to be kept in mind that there are some real significant differences that exists between ...