After reviewing the facts that have been given in this case, the matter is if Tamara can be successful if she decides to sue Aldi supermarkets in negligence. In this case, Tamara fell on the floor of the supermarket and suffered injuries on her back. She slipped on the floor because a puddle of ice cream was present on the floor which was not cleaned by the start of the supermarket. As a result of the fall, Tamara had to remain in hospital for many days. The general damages alone were more than $700,000. Now Tamara wants to know if she will be successful if she sues the supermarket in negligence. Similarly, it also needs to be seen if any defenses may be available to the supermarket under the law. The supermarket claims in its defense that they have their duty to member of the stock regularly inspect the aisles. Similarly, any spillage present on the floor was named after every 40 minutes. In this way, the present matter can be decided by applying the principles of negligence and similarly it also needs to be seen if Tamara will be in a position to establish the elements that are necessary for bringing a successful claim in negligence against the defendant.
According to the law of negligence, it can be said that a party owes a duty to exercise care towards the other party, negligence is some action of the defendant, which would not be done by any other reasonable person and as a result of which, the claimant has suffered an injury or damage. In order to find out if the defendant was negligent in a particular case or not, and to hold the defendant liable for negligence, the provisions of Civil Liability Act can also be used. When a party has decided that it is going to the other party in negligence, such a party tries to recover financial compensation regarding the loss suffered by it (Hepple, 1997). Hence, the damages that are awarded to the claimant in an action for negligence are granted with a view that the claimant should be placed in the similar position in which he was, if there was no negligence of the defendant. For the purpose of deciding if it can be said that the defendant was negligent in a particular case, the law of negligence requires that four elements should be present.
Therefore, for bringing a successful action in negligence, the claimant is required to establish in the court that the defendant had a duty of care, there was a breach of this duty, the claimant had suffered damage owing to this breach, and the damage suffered by the claimed can be described as a direct result of this breach of duty (Stapleton, 2003).
In this way, for bringing a successful claiming negligence, it is required that the claimant should establish all the above mentioned four elements. If all these elements can be established by the claimant, the action of the claimant will be successful. But if even a single element is not present in a particular case, it cannot be said that the defendant was negligent in such a case (McDonald, 2005). Therefore, in view of the significance of these elements, it becomes important to describe what is the meaning of duty of care? In case of negligence, the duty of care is the legal obligation imposed on the defendant by the law according to which they should refrain from causing any injury or damage to other persons (Barker, 1993). The duty of care of the defendant is present when it is reasonably foreseeable that an injury may be caused to the other person if the defendant fails to exercise reasonable care. The law provides in such cases that the duty of care will be present on part of the defendant only if there is sufficient proximity between the parties. And as a result of this proximity, it can be decided that the defendant owed a duty towards the claimant. For example, the driver of a motor vehicle has a duty towards the other persons who are using the road.
Hence, a claimant can be successful in its action in the code in negligence if it can be established that the defendant had breached the of care. The court will consider the relevant standard of care that can be applied in a particular case for deciding if the defendant can be held liable for the breach of duty of care. The relevant standard of care can be decided on the basis of the fact if under the similar circumstances, any reasonable person would have decided within the same way or not. If the court finds out that the actions of the defendant did not match the required standard of care, and therefore they cannot be held to be reasonable, the court may conclude that the defendant has breached its duty of care that he owed to the claimant. As mentioned above, the action of the claimant will be successful if it is found in a particular case that the injury suffered by the claimant was directly caused due to the breach of duty. Therefore, when a person slips on the wet floor, it is clear that the fall and the injuries suffered by such a person are the direct result of the wet floor.
On these grounds, in the present case, it can be said that Tamara may have a successful action in negligence against the supermarket. On the other hand, the defense available to the supermarket is the contributory negligence of Tamara. She was also running towards the aisle as only one bar of chocolate was left and another customer was also working towards it. However, if Tamara decides to sue Aldi supermarkets in negligence, she may be successful as there was a breach of duty of care by Aldi supermarkets and the consequence was the injuries suffered by Tamara.
Bob Hepple, (1997) ‘Negligence: The Search for Coherence’, 50 Current Legal Problems 69
Jane Stapleton, (1991) ‘Duty of Care and Economic Loss: A Wider Agenda’ 107 Law Quarterly Review 249
Jane Stapleton, (2003) ‘The Golden Thread at the Heart of Tort Law: Protection of the Vulnerable’ 24 Australian Bar Review 135
Kit Barker, (1993) ‘Unreliable Assumptions in the Modern Law of Negligence’, 109 Law Quarterly Review 461, 483McDonald, Barbara (2005). “Legislative Intervention in the Law of Negligence: The Common
To export a reference to this article please select a referencing stye below:
My Assignment Help. (2018). Law Of Negligence Tamara. Retrieved from https://myassignmenthelp.com/free-samples/law-of-negligence-tamara.
"Law Of Negligence Tamara." My Assignment Help, 2018, https://myassignmenthelp.com/free-samples/law-of-negligence-tamara.
My Assignment Help (2018) Law Of Negligence Tamara [Online]. Available from: https://myassignmenthelp.com/free-samples/law-of-negligence-tamara
[Accessed 30 March 2020].
My Assignment Help. 'Law Of Negligence Tamara' (My Assignment Help, 2018) <https://myassignmenthelp.com/free-samples/law-of-negligence-tamara> accessed 30 March 2020.
My Assignment Help. Law Of Negligence Tamara [Internet]. My Assignment Help. 2018 [cited 30 March 2020]. Available from: https://myassignmenthelp.com/free-samples/law-of-negligence-tamara.
MyAssignmenthelp.com has appointed best assignment experts who are wizards of words. Our writers know every trick of crafting high quality write-ups within a short period. With years of experiences, we have become one of the most prolific assignment help services in the USA. We deliver custom-made help to students with writing different types of assignments. We guarantee total need-based and timely service, and this is why increasing numbers of students prefer to buy assignment online.
Answer: Activity 1 The fundamental ingredients of an insurance contract include the following: the offer and acceptance between the assured and the insurer, presence of an insurable interest, utmost good faith, the immediate and the proximate causes are under the insurance contract. Furthermore, the methods of subrogation, indemnity and contribution are under the elementary principle of an insurance. It also includes the key idea of having ...Read More
Answer: Introduction Internal competition, decentralization and several elements increase the risk of the company; risk exposure calculator calculates the risk of the company by considering the pressure points related with the performance, information management and growth of the company (Forouzanfar & et al. 2015). The present study is related with the analysis of risk of the company named as Property Millionaire. The company...Read More
Answer: Report To Chairperson Board of Directors From: Jane White, Corporate Governance Consultant Date: 22 January 2019 Subject: Cybersecurity policy of the company In the world full of technology, every organization is diverting it is focused on the use of technology. The reason behind the same is the infinite advantages that technology adds to the overall value of the company. The use of the internet and other technological innovatio...Read More
Answer: Introduction A teenage girl, Abigail Sataur from Ontario has sued Starbucks claiming that the company and its employees have failed to take reasonable care to ensure her safety. It has also been held by the plaintiff that the company has failed to take measures to prevent the injury, which was foreseeable. The plaintiff claimed general and special damages of $1 million from the defendant (Adriano, 2019). In such case, the court in ge...Read More
Answer: Introduction The code of conduct refers to the set of the rules defining the social standards, spiritual rules and liabilities of, and or suitable exercises for the people. The code of conduct which is written for the company’s employees, secures the business and provides the notification to the workers in respect of expectation of the employees. In the following parts, the code of conduct of Wesfarmers limited is discussed. Wes...Read More
Just share your requirements and get customized solutions on time.
Our writers make sure that all orders are submitted, prior to the deadline.
Using reliable plagiarism detection software, Turnitin.com.We only provide customized 100 percent original papers.
Feel free to contact our assignment writing services any time via phone, email or live chat.
Our writers can provide you professional writing assistance on any subject at any level.
Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.
Get all your documents checked for plagiarism or duplicacy with us.
Get different kinds of essays typed in minutes with clicks.
Calculate your semester grades and cumulative GPa with our GPA Calculator.
Balance any chemical equation in minutes just by entering the formula.
Calculate the number of words and number of pages of all your academic documents.
Our Mission Client Satisfaction
thank you guys i have not got grade but look vey good. you always doing good job. thank you again and again
Amazing work done by the expert. Would love to give more work to this team. Attention to detail
It was awesome and got desire score..I am very happy to work with them and I will work with them.
I\'m okay with the work. Took time to answer my concerns and feedbacks. Delivered within the required timeframe