$20 Bonus + 25% OFF
Securing Higher Grades Costing Your Pocket? Book Your Assignment at The Lowest Price Now!


Whether Anna in the Present Case Could File a Case against Trevor for the Act of Negligence or not?




Under the law of Tort, the term “ tort” has been established from a Latin term for “ harm”, and the aim of a claim for tort was basically to recover damages from the individual by the act of whom the other person has suffered harm. Though there have been different kinds of torts but the main tort which prevails in majority of cases was the tort of negligence (Hobart Community Legal Service, 2013).

Negligence has been an unintentional tort wherein an individual was harmed as a consequence of the actions of other individual (Pearson Education, 2010). As per the view of Winfield,” Negligence has been defined as a tort under which there was the contravention of a lawful obligation to take care which results in harm, undesired by the respondent towards the claimant” (Legal Services Commission of South Australia, 2017).

Negligence in its lawful sense have been defined as a failure in law to do act which a sensible individual would have done in the situations. It was in the precedent case of Donoghue v Stevenson[1932] AC 562 that the modern law of negligence was established (E-Lawresources,2017). But it was also stated in this case that for proving a act to be done negligently there have been 4 different elements which must be present. Also, the burden of proving an act to be done negligently have been imposed upon the claimant. So, in order to prove negligence against other individual a claimant must show that (McCormick and Murphy, 2017):

  • Obligation of Care: There was a duty imposed upon the respondent in the situations to take reasonable care;
  • Violation of Duty to take Care: It was the act or inaction of the respondent in the prevailing situations did not meet the standard of care which would have been taken by a reasonable person in such cases;
  • Harm suffered: The harm or damage have been caused to the claimant in the situations which a reasonable individual could have been predicted to anticipate;
  • Causation: The harm was suffered by the claimant by the contravention of the duty which was owed on the respondent to fulfill (Larson, 2016).

In Tame v NSW (2002) 211 CLR 317 it was concluded that the law takes no cognizance of the act of negligence in the manner of summary. It distresses itself with negligence only where there was a obligation to take sensible care and where failure in that obligation has caused harm.



The lawful obligation of a respondent towards a claimant was founded on the failure of the respondent in order to fulfill a duty which was renowned under law of which claimant was the anticipated recipient. The primary element which would be bear in mind for determining the existence of a lawfully documented liability was the idea of a duty. So, under the law of negligence the word used for such a liability was the duty of care (Rottenstein Law Group, 2017).

But a person would be liable for negligence, even if he or she did not act with rational care if they did not had a obligation towards the other person. So, under the tort law the concept of duty to take care was utilized in order to restrict the situations where a respondent was accountable for the harm of the claimant (Find Law, 2017).

The concept of duty of care has been regarded as the situations and the associations which were recognized under law as providing a growth to a lawful obligation to take care. A failure to take sensible care could conclude in the respondent being accountable to pay compensations to a person who suffered harm as s consequence of their contravention of the obligation of care.

As a result, it would be essential for the plaintiff to prove that the respondent owed a duty to take reasonable care towards them.

It was in Donoghue v Stevenson [1932] AC 562, that the subsistence of a concept of   duty of care for private harm and property harm was formerly decided by the judges (Hopcraft, 2015).


In another matter of Caparo Industries Plc v Dickman [1990] 2 AC 605, the judges took into consideration the situations in which a duty of care may occur. The tribunal outlined 3 major problems which a tribunal must take in view to institute whether or not a duty to take reasonable care was present or not. The 3 problems which must be there were:

  • There must be a sensible prudence of getting hurt;
  • There must be adequate closeness of connection among the claimant and the respondent;
  • It must be just, and reasonable to obligate a duty to take care.

In Rylands v Fletcher (1868) LR 3 HL 330 it was concluded that where there was a physical harm than obligation would comparatively easy to be recognized.

Therefore, in the current situation it could be stated that Trevor was a operator of the tour and  was responsible for the harm of the people who were there on the trip. As a result, Anna being a member among the people who were there so, Trevor would  said to have a duty of care towards her.


In order to establish a obligation under negligence, the claimant must depict on the equilibrium of chances that the respondent owed towards the claimant a obligation of care. Such an obligation to take care was violated by failing to meet the standard of care which was necessary and as a consequence harm was suffered by the claimant which was not too remote.

As, once it has been recognized that the respondent owed a duty towards the claimant than the matter of whether or not that duty was breached must be settled (Australian Government, 2017).

Breach of obligation therefore, needs the respondent to have been at error by not fulfilling their duty of taking reasonable care towards the claimant. But in shaping whether an obligation of taking care has been violated could be done by taking into consideration that whether the required standard of care have been taken or not.


Contravention of duty was not restricted to the experts or the individual under a written or a oral agreement. But also all the people of the community have an obligation to exercise sensible concern towards other individual and their belongings. So, an individual who employs in activities that pose an irrational danger towards other people and their belongings that in fact concludes in injury then such a person would be regarded in violation of his duty (The Law Handbook 2016, 2017).

In the case of Bolton v. Stone [1951] AC 850 it was recognized that a respondent was not be regarded as neglectful if the harm to the claimant was not a reasonable predictable result of his conduct. Also, it was stated that although the claimant suffered harm but she did not have a lawful assertion as the risk was not adequately predictable.

So, it was confirmed by the judges that in deciding whether the respondent has acted sensibly or was in violation of duty would be based upon 4 factors such as there was:

  • Probability of injury;
  • Seriousness of injury;
  • Cost of deterrence;
  • Utility of the conduct of the respondent.

In Paris V Stepney Borough Council [1951] Ac 367 it was held that the chance of the harm taking place was very small though but its effects were very grave. So, the defendant should have taken additional concern to grant goggles for the plaintiff.

In the current scenerio, there was a clear breach of duty of care on the part of Trevor which he owed towards Anna as she was a part of the team members on the trip and he left the team members alone and went for some work.  As Trevor got busy with another work and due to his lack of attention Anna suffered harm.

 Also, it was dark in the evening when the team returned and it was clearly observed by Trevor that there was situation to have foreseeable harm due to a Frogmouth perched in a tree so there was a lack of duty. So, Trevor should have advised the members of such harm. And Trevor did not told the members about the harm so it could be concluded that there was a clear contravention of his obligation to take care towards all of the members.

So, a consequence of such act Anna’s heal was caught on a tree root due to which she endured knee harm therefore, Trevor would be regarded to be in breach.


Damages for the harm which has been suffered by the claimant could be claimed by him against the respondent if it would be established that the respondent have violated his duty towards the claimant under law (Bits of law, 2013).

If a person wants to claim damages from a person for the injury caused by the negligent act of such person then the claimant must show that:

The respondent acted in a negligent way and was found to be guilty of not fulfilling his duty which he owed towards the claimant;

Then evaluation of the sum of proper damages which would be granted would be done by the court. The court would make a differentiation on the point that damages would be considered as special or general damages (Bits of Law, 2013).

Special damages: It includes paid off out-of-pocket costs. It comprises of medical and ambulance price, and many more.

General damages: It includes loss of earning capability in the future, tenderness and pain, etc.

But in this case, damages would not be paid off to Anna as she was contributory negligent. Because the harm caused to Anna was not only due to the negligent act of Trevor but also due to her own carelessness. So, Trevor had taken defence of Contributory negligence.


Even when a case have been brought against the respondent stating that he acted in negligent way, Then also he has a defense to take i.e contributory negligence. Also, such a defense could be taken only when the respondent could prove that thought he was neglectful on his part but the claimant also did not take reasonable care in protecting herself and have exposed herself to danger (Find Law, 2017).

Basically, against a claim of claimant against the respondent there have been 3 defenses which he could take but mainly the defense which was taken in the case of negligence was contributory negligence.


As per the need of this concept of contributory negligence it was clearly confirmed that if a person has failed to take rational care for his own safety or harm then such a person would be said to be contributory negligent (Laws, 2017).

In Badger v Ministry of Defence [2005] QBD D it was concluded that as the claimant himself did not take rational care for his own security so he would be contributory negligent against a defendant for his loss and as a result could not claim compensation.

So, in the present scenario, though it was Trevor had a obligation of care towards all the members as when Anna removed her shoes and wore other shoes he was watching the rare Marbled Frogmouth perched in a tree which could have caused anticipated harm. But he did not warn her so he was negligent on his part. At the same time, he could held Anna also contributory negligent as Trevor told all the members previously that they must wear shoes which was provided but she abandoned to follow so there was a obvious act of contributory negligence. 


So, as in the cases of negligence the remedy provided majorly was the grant of damages but not where there was a predictable harm. But in this case, there would be fewer amounts of damages which would be paid as there was contributory negligence on the part of both the parties (Legal Aid, 2015).

In Overseas Tankship (UK) v Morts Dock and Engineering Co (The Wagon Mound) (1961) it was upheld that the respondents were not held liable as the harm  caused was predictable.


At the end it could be concluded that in current scenario as the injury which was caused was predictable and it was the claimant himself who did not take care of her own protection, so there was a collaborative error on the part of both the individuals. But there was a contravention of the obligation on the part of Trevor to take case as he left the members alone at a new place.

But in the case if Anna it would be considered that as Trevor told to all the members that they must wear shoes as it was risky and it was her who inaccurately ignored his orders. So, she could not claim Trevor completely liable for the harm.



Australian Government. (2017) Fault. [Online] Australian law Reform Commission. Available from: [Accessed on 22/2/17]

Bits of law. (2013) Damage: Causation. [Online] Bits of law. Available from: [Accessed on 22/2/17]

Bits of Law. (2013) Remedies: Damages. [Online] Bits of Law. Available from: [Accessed on 22/2/17]

E-Lawresources. (2017) Negligence. [Online] E-Lawresources. Available from: [Accessed on 22/2/17]

Find Law. (2017) Contributory and Comparative Negligence. [Online] Find Law. Available from: [Accessed on 22/2/17]

Find Law. (2017) Elements of a Negligence Case. [Online] Find Law. Available from: [Accessed on 22/2/17]

Hobart Community Legal Service. (2013) Negligence and the Duty of Care. [Online] Hobart Community Legal Service. Available from: [Accessed on 22/2/17]

Hopcraft, S. (2015) What is the definition of negligence?. [Online] Wright Hassall.Available from: [Accessed on 22/2/17]

Larson, A. (2016) Negligence and Tort Law. [Online] Expert Law. Available from: [Accessed on 22/2/17]

Laws. (2017) Contributory Negligence. [Online] Laws. Available from: [Accessed on 22/2/17]

Legal Aid. (2015) Negligence. [Online] Legal Aid. Available from: [Accessed on 22/2/17]

Legal Services Commission of South Australia. (2017) What is negligence?. [Online] Legal Services Commission of South Australia. Available from: [Accessed on 22/2/17]

McCormick and Murphy. (2017) Understanding the 4 Elements of Negligence. [Online] McCormick and Murphy. Available from: [Accessed on 22/2/17]

Pearson Education. (2010) Negligence and Unintentional Torts. [Online] Pearson Education. Available from: [Accessed on 22/2/17]

Rottenstein Law Group. (2017) What is “negligence”?. [Online] Rottenstein Law Group. Available from: [Accessed on 22/2/17]

The Law Handbook 2016. (2017) Negligence, liability and damages. [Online] The Law Handbook 2016.  Available from: [Accessed on 22/2/17]

Download Sample

Get 100% money back after download, simply upload your unique content* of similar no. of pages or more. We verify your content and once successfully verified 100% value credited to your wallet within 7 days.

Upload Unique Document

Document Under Evaluation

Get Credits into Your Wallet

*The content must not be available online or in our existing Database to qualify as unique.

Cite This Work

To export a reference to this article please select a referencing stye below:

My Assignment Help. (2018). Law Of Tort. Retrieved from

"Law Of Tort." My Assignment Help, 2018,

My Assignment Help (2018) Law Of Tort [Online]. Available from:
[Accessed 13 July 2020].

My Assignment Help. 'Law Of Tort' (My Assignment Help, 2018) <> accessed 13 July 2020.

My Assignment Help. Law Of Tort [Internet]. My Assignment Help. 2018 [cited 13 July 2020]. Available from: has become one of the leading assignment help provider in New York City and Boston. We provide top class auditing assignment help. Not only auditing, but we also cover more than 100 subjects and our writers deal with all types of assignments with utmost expertise. To make writing process faster and accurate, we have segmented our assignment experts' teams as per their expertise on writing different types of assignments. We guaranteed that students who buy our assignment online get solutions worth their investment.

Latest Business Law Samples

LAW00150 Introduction To Business Law For Internal Agreements Assumption

Download : 0 | Pages : 9
  • Course Code: LAW00150
  • University: Southern Cross University
  • Country: Australia

Answer: Relevant Issue  This issue is correlated among Charlie together with his sister if the intention of being legally bound is present among them or not present.  Rule  Intention is in the same manner is lawfully bounded with several more components of the contract, which are crucial for its formation. If any such component is not present among the parties, therefore they are not lawfully bound by the terms which were signe...

Read More arrow

LAW101 Fundamentals Of Law

Download : 0 | Pages : 4

Answer: Negligence Issue:The issue that gave rise to this particular discussion is whether Stan has any rights to file a suit against Wendy for his own physical injury? Rule: Negligence is an act on part of an individual who tries to neglect his/ her duty of care that causes injury to another be it in physical form, mental or even economic. Negligence is deemed to be an act of carelessness on part of an individual that causes harm to an...

Read More arrow Tags: Australia 8 Fundamentals of Law Sttots College 

U50032 Coursework Assessment Information

Download : 0 | Pages : 7
  • Course Code: U50032
  • University: University Of Technology Sydney
  • Country: Australia

Answer: Introduction The company Carillon has been in news  because of its corporate failings. The purpose of this paper is to analyze the situation of Carillion which has been subjected to corporate failing in the light of directors’ duties and insolvency law in UK. The paper also provides the steps which stakeholders and shareholders of Carillion may have taken against the directors for their actions under company law. ...

Read More arrow

AB444A12 Programme: BTEC Higher National Diploma

Download : 0 | Pages : 20
  • Course Code: BUSN20016
  • University: CQ University
  • Country: Australia

Answer: Introduction: In the following report, an effort has been made to chalk out the tax environment of the UK. In pursuance of that the roles and responsibilities of the tax practitioners, the details of the documents required for the purpose of calculation and other matters like the capital gain tax and calculation of adjusted taxable profit have been properly discussed. TASK 1: The responsibility of the tax collection has been vested ...

Read More arrow

HI6027 Business And Corporate Law 5

Download : 0 | Pages : 6

Answers: 1 A sole trader is considered as an individual or any entity who practices a business alone. It is measured as the easiest method of occupation and the inexpensive procedure of the commerce where other than the sole trader no other person or entity shall be obligated for the profits incurred and the losses in the business. A Company is mentioned  as any body or organization that is devouring a separate individuality separately f...

Read More arrow Tags: Australia Rozelle 8 business and corporations law Holmes Institute 

Save Time & improve Grade

Just share Requriment and get customize Solution.

We will use e-mail only for:

arrow Communication regarding your orders

arrow To send you invoices, and other billing info

arrow To provide you with information of offers and other benefits




Overall Rating



Our Amazing Features


On Time Delivery

Our writers make sure that all orders are submitted, prior to the deadline.


Plagiarism Free Work

Using reliable plagiarism detection software, only provide customized 100 percent original papers.


24 X 7 Live Help

Feel free to contact our assignment writing services any time via phone, email or live chat.


Services For All Subjects

Our writers can provide you professional writing assistance on any subject at any level.


Best Price Guarantee

Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.

Our Experts

Assignment writing guide
student rating student rating student rating student rating student rating 5/5

154 Order Completed

97% Response Time

Harold Alderete

PhD in Economics

London, United Kingdom

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 4/5

1309 Order Completed

100% Response Time

Gemmie Chen

MSc in Nursing

Singapore, Singapore

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

755 Order Completed

95% Response Time

Douglas Cowley

Masters in Finance with Specialization in Audit

Wellington, New Zealand

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

440 Order Completed

99% Response Time

Jack Arens


London, United Kingdom

Hire Me

FREE Tools


Plagiarism Checker

Get all your documents checked for plagiarism or duplicacy with us.


Essay Typer

Get different kinds of essays typed in minutes with clicks.


GPA Calculator

Calculate your semester grades and cumulative GPa with our GPA Calculator.


Chemical Equation Balancer

Balance any chemical equation in minutes just by entering the formula.


Word Counter & Page Calculator

Calculate the number of words and number of pages of all your academic documents.

Refer Just 5 Friends to Earn More than $2000

Check your estimated earning as per your ability




Your Approx Earning

Live Review

Our Mission Client Satisfaction

The paper was well written, although there some changes needed to be made , overall im satisfied.


User Id: 438520 - 13 Jul 2020


student rating student rating student rating student rating student rating

It was a perfect work. Nice analysis and organized. I also appreciate that they were very fast.


User Id: 341163 - 13 Jul 2020


student rating student rating student rating student rating student rating



User Id: 234292 - 12 Jul 2020


student rating student rating student rating student rating student rating

Always fast and efficient. They seem to care about delivering good work to the students. My powerpoint was nice and well put. I will continue to use your services.


User Id: 451381 - 12 Jul 2020


student rating student rating student rating student rating student rating
callback request mobile
Have any Query?