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

Simon Responsibilities Under The Tort Of Negligence

tag 0 Download11 Pages 2,514 Words tag Add in library Click this icon and make it bookmark in your library to refer it later. GOT IT


Discuss about the Simon Responsibilities Under the Tort of Negligence.



Whether the waitress or restaurant owes Simon responsibilities under the tort of negligence and if there any remedies available to him


Section 13 Supply of 1982 Goods and Services Act

Section 49 of the 2015 Consumer Rights Act of England

Section 54 of the 2015 Consumer Rights Act of England

Section 1, clause 1 of 1945 Law Reform (Contributory Negligence) Act of England


Definition of a tort

As I offer a solution to Simon’s incident, I will first analyze what the tort of Negligence in the law of England is. In common law authorities like England, any civil wrong by a person unfairly leads to harm or loss of another, resulting in legal accountability for such person that commits the act is termed a tort. Therefore, a tort is an omission or act which gives leads to harm or injury of another amounting to a civil wrong that the law courts enforce liability. In England, the tort law covers three basic categories; torts that are intentional, negligence and torts of strict responsibility. A tortfeasor is the individual committing the act.

The general law of Negligence in England

In tort law, negligence is certainly the largest area of law. In England, Negligence is a comparatively new type of tort and has largely been developed by the bench. It is flexibility, thus, can be applied by law courts to ascertain liability in the new settings. The classic cases of Donoghue v Stevenson and R v. Adomako detail what every plaintiff must avail as proof for a court to find on negligence. Firstly the plaintiff must show that the respondent owed the plaintiff an obligation of care. In the Donoghue v Stevenson case, the House of Lords deliberated on the concept of duty rejecting the earlier law.


The court in Donoghue v Stevenson stated that the duty of care entailed “taking reasonable care to evade omissions or acts that one can realistically foresee as to possible injure their neighbor.” In applying this principle to Simon’s situation, the waiter was obliged to an understanding that the individuals like Simon, direct and close to him are affected by his acts. This entails the actions that the waiter reasonably ought to have contemplated as so affected when they direct their concentration to such omissions or acts into question like the cork popping out to injury Simon. 

The recent case of Crown v Zaman offered a three-level test of establishing if a duty of care exists. The first stage is whether a proximity relationship between suit parties exists. The second stage is if the injury on claimant was foreseeable. Last is whether it is reasonable, fair, and just for a duty to be imposed. Courts of England prefer to resolve the question of liability at the breach step after a complete argument on the essential merits of a case have been adduced.

Upon the claimant establishing the respondent owed them the care duty; the next step is demonstrating that it was the defendant at fault. That is, it is the defendant that breached their duty of care. In Arnold v Britton & Ors and Blyth v Birmingham Waterworks Co, the courts stated that courts often apply the test of reasonable to establish if there was a breach of the duty of care by the defendant. According to Montgomery v. Lanarkshire Health Board, the test is of an objective nature where the law courts often find a balance between foreseeability degree and possibility of injury as against the price of evading such harm. This is due to the fact that any defendant is not liable for any kind of injury that they might not have reasonably foreseen.

In State v. UK, court opinioned that courts also put into consideration the societal profits if such activity was never carried out. To applying the breach of duty ingredient to Simon’s situation, there is no dispute that the Restaurant’s waiter clearly popped the cork that injured Simon.


In negligence cases, the Simon must prove causation. He must show it was the breach of the duty of the defendant that initiated the damage he suffered. According to Stapleton 2016, pp. 699, the test for causation in negligence is the famous but- for-test. It states that “but for the tort of the defendant, would the plaintiff have faced the damage or loss.” If the answer is not in the affirmative, then the test of causation is fulfilled. If the answer is in the affirmative, the respondent is not held liable, though they performed negligently (Stapleton 2016, pp.700). Even where the plaintiff fulfills the “but-for” test, they ought to demonstrate that this damage they suffered is not that remote of the negligence of the defendant. For instance, the court in Simon’s case might find that a waiter’s act or even Simon himself caused the injury. Simon’s failure to foresee the cork popping and protect himself can be held to have broken the causation chain between the act of the waiter and the injury suffered.

The last ingredient of negligence is that the injury suffered by the plaintiff must be of a type that is recoverable under negligence law. For instance, where Simon has suffered the loss of a chance of avoiding physical injury, this loss will not be compensable.

Simon’s situation

Section 49 of the 2015 Consumer Rights Act of England states that services to consumers must be executed with reasonable skill and care. Section 54 of the 2015 Consumer Rights Act of England offers consumers the right to treat the term as incorporated in every contract and the omission of it as a breach this particular section requires. This section is supplemented by Section 13 of the Supply of 1982 Goods and Services Act of England states inter alia that in every relevant contract of supplying service where the provider is performing in their course of business, an inferred term exists that such provider will, with reasonable skill and care, undertake their service.

The liability of the waiter’s employer to Simon stems from the doctrine of vicarious liability. Vicarious Responsibility is enforced on the Restaurant or employer for the worker’s tort committed against a Simon in the progress of their employment. Liability herein is strict because it is the duty of the employer (the restaurant) to effectively supervise their employees.  In Cox v Ministry of Justice, the judge noted that this doctrine has developed from a societal convenience and such bumpy justice. The company is better placed to reimburse a victim, as well as extend out losses through insurance. The employer receives benefits from the business and so must similarly bear tort risks occurring in the performance of their trade.


Any plaintiff, like Simon, to successfully sue the restaurant under this vicarious liability doctrine, must demonstrate three finding: First is that the waiter (offender) was an employee (not a sovereign contractor engaged by the restaurant to undertake work. Second is that the worker (waiter) committed a tort (popped the cork). Last is that the tort (damage to his teeth) was committed by the waiter in their progress of work. England’s most current case has adopted the neighbor connection test to ascertain whether (the tortious) act was actually in defendant’s course of service.

The highest court of England in Mohamud v WM Morrison Supermarkets has recently stated that it is essential to have a comprehensive approach to the employment nature, for any court to ascertain if the alleged tort is that closely associated with defendant’s employment (Morgan 2016, pp. 204).  So that it is reasonable, fair, and just to find the company liable; or if the tort fits in a risk generated by the business known to be integral to it. Toulson J held that in every court of law must consider which functions are entrusted to such employee in question, that is, what the nature of their job is. This issue must broadly be addressed.  Secondly, it must be ascertained if a satisfactory connection exists between the situation ... and the employee’s wrongful behavior to infer the right for their employer to be deemed liable under the social justice principle.

On such basis, attending to clients, like Simon and reacting to client inquiries was part of waiter’s job. The waiter’s actions and injuring Simon was within their field of undertakings assigned to the waiter. The events that followed amounted to a continuous series of happenings, an unbroken event.

The remedies in the law of negligence available to Simon

In English trials on negligence, the judge hears, decides the lawsuit, and rewards damages, not the jury. If the above criterion is fulfilled, Simon is eligible to full compensation. In the law of negligence, a claimant must be restored to the position they must have been had such tort never occurred. Punitive reparations do not exist in negligence laws. As soon as the law court is contented with the negligence of defendant, then it must advance to assessing compensations. Normally, injuries are deliberated on as a whole. Such evaluation finalizes Simon’s rights, thus, no right for Simon to approach the court in the future to have another assessment of the damages.  Scarman J in the case of Lim v Camden & Islington Health Authority indicated that only a single certainty exists: the imminent proves the reward as more so excessively low or high.

For reasons above, in courts awarding the damages, the judge compensates the plaintiff only what the respondent is answerable for and not future injuries. This rises from the finality-in-litigation principle. In such a classic personal wrong case, Simon will be recompensed for the pecuniary loss. This entails the £20,000 (cost of therapeutic care), his pocket expenditures occurring due to the offense. For the non-financial loss, Simon is entitled to damages comprised of compensations for amenity loss, as well as for suffering and pain. The court in Battram v Dr. Geoghegan Clinical Risk held that at trial date, the court assesses the reward necessary for whichever future harm to earnings and the therapeutic care, where the impairment will continue even after court hearing (Maunder 2017, p.2).


Exceptions to the finality-in-litigation principle

While damages are never re-assessed at a future date, the case of Mulholland V Mitchell provides an exception. The court was requested to re-open the evaluation of compensations due to a very noticeable change in the injured individual’s situation just after the proceedings. Since the matters arising after the trial date were largely of degree and discretion and the Court of Appeal in its discretion admitted fresh evidence, the conditions in this particular case were exceptional. The finality in lawsuits principle must always be in the judges’ minds and not every such evidence must be admitted on such changes that could have befallen since the court trial.

Hodson J stated that from the Mulholland V Mitchell case, it is fairly contended that the grounded on which this lawsuit was reached at court trial was materially and suddenly fabricated by a dramatic amendment in circumstances. There is a pending appeal on whole damages question, so, it is unsatisfactory for the law court to deliberate on the appeal short of taking falsification into account. Where there is no fresh proof, the Court is restrained from deliberating on the case with such reality before it.

On a point of negativity, fresh proof must never be admitted if it has bearing on the matters subsiding within the area of uncertainty or the field; an area the judge has already covered. However, it may positively be admitted where certain basic assumptions, known to both parties, have evidently been forged by succeeding events, particularly where such falsification occurred by defendant’s act. Similarly, it is expected that law courts allow new evidence if to refuse the evidence would insult common logic or an intellect of fairness. All the above are merely non-comprehensive exceptions; whose application should be left to law courts. The extraordinary personality of lawsuits in which new evidence is permitted is entirely recognized by law Courts.

To appreciate the English law of negligence and assess the chances of Simon successfully suing the Restaurant, it is important Simon avoids indicating the following situations (defenses to the tort of negligence).

There is a situation is termed contributory negligence that Simon should avoid indicating when they sue the restaurant. That is, that he similarly acted carelessness and that his negligence contributed to the damage he incurred. The reason for this caution is that the law court will then apportion the responsibility between the waiter and Simon; adjusting Simon’s damages according to Section 1, clause 1 of 1945 Law Reform (Contributory Negligence) Act of England.

In both Craig Sparrow v Arnaud Andre and the case of Tompkins v Royal Mail Group, the court held that a verdict of contributory causation is reached when the plaintiff’s own carelessness contributed to the injury they complain of. Therefore, Simon’s damages will be reduced where he would have suffered same damage had he applied reasonable care for guarding his safety (such as moving away or telling the waiter to pop the champagne elsewhere or close his mouth)

Volenti non fit injuria is another defense to Simon’s negligence assertions where the restaurant can disregard their liability totally if they can demonstrate to the court that Simon consented to the specific possibility of harm. The volenti non fit injuria defense obliges a voluntary and entered agreement by Simon, in the full awareness of Restaurant circumstances, to pardon the Restaurant of every legal result of their arrangements.



Case law

R v. Adomako, 3 All E.R. 79 (1994)

Crown v Zaman T20150463/T20157235

Donoghue v. Stevenson, 1932 A.C. 562 (1932)

Arnold v Britton & Ors [2015] UKSC 36

State v. UK, No. 113,900 (Kan. Ct. App. Oct. 7, 2016)

Montgomery v. Lanarkshire Health Board, 2015 U.K.S.C. 11 (2015)


Mulholland V Mitchell [1971] AC 666

Tompkins v Royal Mail Group PLC [2005] EWHC 1902

Craig Sparrow -v- Arnaud Andre [2016] EWHC 739 (QB)


Maunder, C. (2017) "Battram V Dr Geoghegan". SAGE Publications [online] 1-3, available from  [31 March 2017]

Morgan, P. (2016) "CERTAINTY IN VICARIOUS LIABILITY: A QUEST FOR A CHIMAERA?" The Cambridge Law Journal [online] 75 (02), 202-205, available from  [31 March 2017]

Rix, K.J., 2017. After a prolonged gestation and difficult labour, informed consent is safely delivered into English and Scots law. BJ Psych Advances, 23(1), pp.63-72, available from [31 March 2017]

Stapleton, J. (2016) "An ‘Extended But-For’ Test For The Causal Relation In The Law Of Obligations". Oxford Journal of Legal Studies [online] 36 (1), 697–726, available from  [31 March 2017]

Yeo, S., 2016, 09_Gravity of Provocation Revisited, 32-34, available from [31 March 2017]


Cite This Work

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

My Assignment Help. (2018). Simon Responsibilities Under The Tort Of Negligence. Retrieved from

"Simon Responsibilities Under The Tort Of Negligence." My Assignment Help, 2018,

My Assignment Help (2018) Simon Responsibilities Under The Tort Of Negligence [Online]. Available from:
[Accessed 04 April 2020].

My Assignment Help. 'Simon Responsibilities Under The Tort Of Negligence' (My Assignment Help, 2018) <> accessed 04 April 2020.

My Assignment Help. Simon Responsibilities Under The Tort Of Negligence [Internet]. My Assignment Help. 2018 [cited 04 April 2020]. Available from:

For years, has been operating as one of the cheap assignment help providers in the USA. We are one of the best college paper writing services that keep service price minimal. We do not let the affordability of our service to hamper the standard of our work. We have separate teams of experts to provide report writing help . At, we believe in earning credibility, so students can pay for assignments only after getting satisfied solutions. Tough assignments bother you? Trust us with your project. You will not regret paying us to write assignments for you.

Latest Business Law Samples

LAWS11057 Introduction To Law

Download : 0 | Pages : 9
  • Course Code: LAWS11057
  • University: Central Queensland University
  • Country: Australia

Answer: Introduction: Legal Problem Solving Toolkit is a guideline for the legal practitioners that enables them to understand and solve various legal issues and problems that they might come across by virtue of their law practice. It contains various stages and approaches that must be addressed while solving a legal problem. A proper Legal Problem Solving Toolkit must contain all the necessary tools, which can ensure that all the viewpoints ...

Read More arrow

CLWM4000 Business And Corporations Law1

Download : 0 | Pages : 7

Answer: The issue is to determine whether Martin had a duty of care towards Simon. The tort of negligence depends majorly upon the fact that whether there is an existence of duty of care by the defendant towards the claimant. Recognising one's legal duty of care is an obligation on the part of the defendant who must adhere to the reasonable standard of care for avoiding any possible injury to the claimant as held in Donoghue v Stevenson ...

Read More arrow

ADSMWS608 Conduct A Marine Warranty Survey

Download : 0 | Pages : 17

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 arrow

MBA402 Governance Ethics And Sustainability 4

Download : 0 | Pages : 10

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 arrow

ACC03043 Corporate Governance

Download : 0 | Pages : 10

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 arrow

Save Time & improve Grades

Just share your requirements and get customized solutions on time.

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

529 Order Completed

95% Response Time

Ivan Blank

PhD in Functional Human Biology

Wellington, New Zealand

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

647 Order Completed

98% Response Time

Adlina Han

Masters in Marketing with Specialization in Branding

Singapore, Singapore

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

1692 Order Completed

98% Response Time

Alfred Dodd

PhD in Computer and Information Science with specialization in Database

Wellington, New Zealand

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

234 Order Completed

100% Response Time

Samantha Ji

PhD in Chemistry with Specialization in Organic

Singapore, Singapore

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

Thank you so much for your efforts the solution was perfect and submitted on time.


User Id: 371975 - 03 Apr 2020


student rating student rating student rating student rating student rating

every thing good and Very classy treatment. thank you very much i hope do my thesis with this web


User Id: 396340 - 03 Apr 2020


student rating student rating student rating student rating student rating

The work was well present, details and met all expectations. This is a prove that I will always use this platform and recommend this site to friends at schools and family. Keep using great people to keep having users. Just after receiving this assign...


User Id: 203000 - 03 Apr 2020


student rating student rating student rating student rating student rating

good transcript that it make feel good because i don\'t need to worry about no ideas to write this transcript


User Id: 329158 - 03 Apr 2020


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