Research paper for case study about Tort and Negligence (course Legal

For case study about Tort and Negligence (course Legal Foundation for Accountants) - Research Paper Example A tort law can be described as a civil wrong not arising from a contract and in the case of negligence, one should owe due consideration to one’s neighbour (Capiro Industries vs. Dickman 1990). Negligence therefore, can be described as the act of doing something a reasonable man would not do and a plaintiff must prove in such a case that the defendant owes a duty of care (Donoghue V. Stevenson 1932). In this case, it is of paramount importance for the claimant to be able to prove that the negligent behaviour of the defendant which is Bull Pty Ltd would have caused the loss of the lucrative contract to supply the toys in order to win the claim that the subsequent loss after the action of the Dan could have been avoided in the event that he would have acted within reasonable limits. There are traditionally four elements of the tort of negligence which the plaintiff has to prove in order to be successful in winning the claim. There is need to prove that the defendant owed the plaintiff a duty of care, the defendant breached that duty by falling below expected standards, the defendant’s conduct caused the plaintiff to suffer physical or economic harm and the harm suffered by the plaintiff was reasonably foreseeable (Name of author and year). The four stage test has been reformed by statutory civil liability reforms in all States and Territories where recovery for loss in that situation must not be excluded by the statute. As going to be discussed in detail below, Kids P/L can establish the four elements of negligence. The House of Lords in the case of Capiro Industries vs. Dickman (1990), proposed the adoption of the following conditions where the three stages should be taken into consideration which include; foreseeability, proximity as well as reasonability. In some cases it may not always follow that a duty of care

Felix Longorias Wake Essay Example | Topics and Well Written Essays - 250 words

Felix Longorias Wake - Essay Example In fact, it states that the wake could not be held because whites would not like it. This event catapulted the fight against discrimination of the Mexican- American overnight. The controversy helped build careers of some politicians while also bringing to an end the life of others. The resultant effect of the action was the fight for recognition. The purpose of the book is to create the picture of the events that occurred in the struggle against racism which includes events surrounding the life of Felix Longoria. The book is organized in a structural way including the development of the plot. The book can be read with ease, but has several repetitions that make it boring for readers especially when rereading the book. The book is essential when addressing the social issues affecting the American society including the current status of the country. It elaborates the issue of racism and the steps undertaken to combat racism. The focus of the book is on the Mexican Americans and their struggle for identity and rights. The book is excellent especially for students studying the American society and the impact of various rights’