INTRODUCTION.Law is the body of rules and regulations. A tort law is that aperson harmed by others with an unreasonable action. Some law of tort are actionables, just likeyou can claim in the court without regards whether it is tortfeasor intended.There are many types of law of Tort. The types of law of Tort that we see is negligence.
Negligence means that the acts make people to injury are not expected and not intended. There are many elements of negligence which are: defendant has a duty to the plaintiff, defendant breached to the duty, the breached proximately caused and plaintiff damages. The second type of law of tort is intentional torts.
It is a purpose of the acts committed by a person towards another person that result can bring some damage. There are different types of the intentional tort which are: slander and libel, slander of title, intentional interference with contractual relations and fraud. Lastly, the last type of law of tort is strict liability. For civil law, liability generates damages in life, without having to prove that the defendant was negligent. For the criminal law, liability tax legislation without the need to prove the criminal purpose. WHAT IS NEGLIGENCE1.
General negligence.According to Mr. Pram’s notes,negligence is the breach of a legal obligation to care that results in unwantedharm by the defendant before the plaintiff.2. ProfessionalnegligenceAccording to Mr. Pram’s notes,professional negligence can only be incurred when there has been a breach ofthe duty of care that is owed to some people. In addition, the professional’sduty depends to a large extent on what the professional is employed to do. WHAT IS BREACHBreach can be defined as the act of notfulfilling the agreement, breaking the word of one or another activelyviolating the duty of one with the other.
Bolton v Stone (1951)WhenMiss Stone (Plaintiff) standing on the highway outside a cricket field thatowned by cricket club’s owner, Bolton (Defendant), she was hit by a cricketball. The evidence is the cricket balls had been hit into the highway on only 6scenes in the last 30 years, at the spot where the ball left the field therewas a 17-foot protective hurdle and no one had been injured. The House of Lordskeep that for carelessness to be created there must be a right possibility ofthe incident occurring. The injury’s risk on the highway was very low and thecricket ball is impossible hit to outside the field very high. Therefore, thecourt holds that the cricket club not required to responsible for theplaintiff. (Keenan and Riches, 2011) This case is an appeal from theCourt of Appeal’s judgment and is appealed by the defendant, cricket club.
Thecase under inspection was brought by Miss Stone toward to the Committee andMembers of the Cheetham Cricket Club because her injury was caused by cricketclub’s negligence in not taking actions to prevent danger of the ball. The factis founded by an erudite judge. On 9 August 1947, the Plaintiff, Miss Stone wasinjured by a cricket ball when her standing outside her house on the highway,No.10, Beckenham Road, Cheetham Hill.
A batsman hit a ball in the competitionat the Cheetham Cricket Field which is contiguous to the highway. Miss Stonebrought an action for damages toward to the cricket club members and committees;the cricket ball striker is not the defendant. Since 1864, the club has been inpresence, and the competition often played on this field. In 1910, BeckenhamRoad was constructed and created. For the layout’s objective, the builder hasmade a distribution with the cricket club that at the Beckenham Road end asmall strip of field should be converted for a strip at the other end. Thecompetition fields are always kept along a line inverse the pavilion, which wasthe original field’s midline. The influence is for a straight drive to hit thesituation.
The cricket ground, when the ball left the moment, the field wasprotected by 17-foot hurdle. The distance from the hurdle to the striker is 78yards as stated by an erudite judge. Brownson is a witness who stays in the endhouse and nearest the field and opposite to the Plaintiff’s house. He said that5 or 6 times in the last few years ago the balls hit his house. His evidencewas very blur for the number of occasions. The cricket club’s 2 members, theyagreed that the hit ball case was different compared with previously situation.
The judge accepted their evidence. It was very unusual that a ball hit tooutside of the field until caused injury. Therefore, the judge acquitted thenegligence’s appellants, Bolton. (House of Lords, 2017) In the whole case, my opinion isMiss Stone (Plaintiff) injury was unforeseen. It is because in the last 30years, the cricket balls had been hit into the highway is just 6 times only, noone person had been injury. The cricket field’s hurdle is 17-foot between theground and the top of the hurdle. The court holds that the defendant, cricketclub no breach of duty, the harm possibility was low because the cricket club(defendant) in the situation had taken the functional preventions.
The cricketfield no occurred any injury cases since it build and provided a bettercommunity service. Smoldonv Whitworth & Nolan 1997 This case happened on 1997, California, U.S. At the time, the plaintiff, who was matured 17, endured intenseindividual wounds when playing hooker in a colts rugby coordinate, when a serumfallen, and his neck was broken.
He guaranteed harms against the mainrespondent, an individual from the restricting group, and against the secondlitigant, the official. The claim against the primary litigant was rejected,and there was no interest against that choice. The plaintiff contended that thesecond defendant owed him anobligation of care to implement the Laws of the Game, to apply them decently, toimpact control of the match in order to guarantee that the players were notpresented to superfluous danger of damage and to have specific respect to theway that a portion of the players (counting the plaintiff) were younger than eighteen at the date of the match. The second defendant acknowledged that he owed the plaintiff an obligation ofcare, but argued that the first defendant’s duty to the plaintiff was only torefrain from causing him injury deliberately or with reckless disregard for hissafety, that this standard of care itself qualified or informed his ownstandard of care, and that he could only be liable where he had showndeliberate or reckless disregard for the plaintiff’s safety..
The judge received the plaintiff’s meaning of thesecond defendant’s obligation. Hefound that the second defendantt had not authorized security prerequisites set out in the Laws of theGame which contained exceptional arrangements identifying with players maturedunder nineteen, and requiring front columns to take part in a hunkertouch-delay connect with succession. He likewise found that there had beenapproximately three or four times the quantity of fallen scrums that would notbe unusual in such a diversion, at the finish of the remainder of which, nearthe finish of the match, the plaintiff managed his wounds.
He found that as a result of the second defendant’s inability to train the front lines adequately and require the squattouch-stop draw in arrangement the important scrum fall and the considerablewounds to the plaintiff happened, inrupture of the second defendant’s obligation ofcare to him. The second defendant requested. Held, rejecting the interest, that the judge hadreceived the right detailing of the second defendant’s obligation. It was not important to demonstrate an abnormal state oflikelihood that if the scrum crumbled genuine damage of the kind which happenedwas a profoundly plausible result; genuine spinal damage was a predictableoutcome of a crumple of the scrum and of inability to forestall fall of thescrum, and that was adequate. The plaintiff was not volens tothe danger of damage; he had agreed to the common episodes of a round of rugby,not to a break of obligation by the official whose obligation it was to applythe principles and guarantee, so far as could be allowed, that they werewatched. Cases: Poppleton vs Trustees of the PortsmouthYouth Activities In this case the claimant, MrPoppleton was paralysed when he engage in a low level simulated rock climbing withoutusing any ropes in the defendant indoor premises and fell on to the 12 inchabsorbent matting on the ground.
When he was claiming, he saw some climber jumpfrom the wall in order to grab the metal bar across the room, when Mr Poppletontried to jump like the other but he did not complete the leap successfully andas a result Mr Poppleton fell on the matting at ground and landed on his head.Mr Poppleton was judged 75% to be blame for his injury and given 25% of hisloss from the defendant. The court of appeal held that Mr Poppleton was to beblame for the incident, the risk of falling was obvious for the activitieswhich he has undertaken and it was clear that no number of matting can providea complete protection for a fall like Mr Poppleton. The law didnot required the defendant to prevent him for doing the leap, to train him todo the leap and supervise Mr poppleton as he volunteer himself to do theleap. The case was brought by Mr Poppleton to the committees of the activitycentre because his injury was cause by negligence as there is a beach inOccupiers Liability 1957.
In order for the claimant such as Mr Poppleton tohave successful in a claim of negligence he must prove that the defendant owedhim a duty of care and there is a breach of duty which is, where the harm iscause by the structure condition of the premises, but in this case thedefendants have a duty of care for Mr Popplton as he is in their indoorpremises doing an activity which is simulated rock climbing but there were nobreach of duty even knows that the incident happened in the premises, thereason are simple. The incident happen because Mr Poppleton do a leap to reachthe metal bar without knowing whether he can do it or not, it is not the defendant job to give reasonable care for those who doother action such as leaping in the premise therefor there are no proof thatthere is a breach, the defendant also can’t prevent him to do the leap becausedoing it is by the participant own doing or to train him to do so as they onlyteach how to climb the artificial rock. The fall have nothing to do with thecondition of the premise and a duty of care arise only if Mr Poppleton wasprovide with training or supervision for doing the leap. In my opinion for the case thefalling was is cause by misjudgement of one ability to do the activity, this isbecause the reason for the fall that occur Mr Poppleton was due of his ownjudgement as he feel that the leap can be done successfully and it was done byhis own free will, but sadly he fail to do the leap. The action done by MrPoppleton have nothing to do with the defendant as this kind leaping was notpart of the daily activities, therefor he only receive 25% of his injury as acompensation as the defendant failed to warn about the safety matting did notmake every falling safe and have to cover the remaining 75% on his own becausehe did a dangerous action.