Tort Law Of Negligence Case Analysis
Negligence is a one of the torts law that describes how other people mistreatment other people or see them as inferior or labors. Negligence is a failure to exercise what they supposed to do rather than using them or ethical ruled care expected to be exercised amongst specified circumstances. HM206 Legal Issue in Health management state that of law of tort state that negligence is broken down in to three major concepts they are duty of care, breach of that duty and damage suffered by the plaintiff as a result of the breach. This essay is going to discuss about a negligence issue where the problem was raised between the two couple and their baby was being neglected and how the problem was being solved again. The duty of care refers is the responsibility of caring for something. Duty of care is a legal obligation which is imposed on someone or individual to look after something and care while performing any act that could be foreseeable to harm or hurt others. The example that I have seen in my village is about the two couple the wife got in to fight with the husband and husband so she decides to left the husband and go away to her people and left her seven months’ baby alone with the father. Her duty of care is to look after the baby but instead of looking after the baby she decided to left him alone and walk off while the baby needs her to breast feed his.
Breach of that duty is like breaking the duty and making the plaintiff to suffer. Breach of duty when someone’s negligence leads to another person’s being suffered and they can peruse compensation against the negligent party HG. org Legal Resources (1996). the mother was breaching the duty this is her duty to look after the baby because babies need their mothers more than they need any other person they can’t live a day without their mother but the mother left the baby for a week and the baby suffers a lot.
At tort laws, damages are a remedy in the form of a monetary award to be paid to the plaintiff as compensation for loss, injury or suffer that they cause to the plaintiff. To permit the compensation, the plaintiff must express that a breach of duty has affected foreseeable loss like the mother cause to the baby is the loose love, comfort, care, presence and most of all the baby suffer for breast milk and get sick. so the family of the husband and the husband brought the mother to court but they didn’t go to national court or district court but the told the leaders in her village and her husband ‘s village and they negotiate and the leaders in the village ask the husband to compensate the wife for fighting her and the wife to come back and take you baby back and say sorry to that baby for neglecting the baby. After two days later the husband gave compensation to the wife and the wife with tears in her eyes she says sorry to her baby and also compensate the baby and take that baby in to her harms and was crying and the leaders told her that if she did the same thing again they will take her to the district court and she will deal with the welfare people for neglecting the baby because husband and wife problem is different from that innocent baby after that the mother go home and stay with her baby and the baby’s problem was fixed. To conclude according to the tort law of negligence any who done suffered a plaintiff has to pay a compensation for what they have done. For the case above the father made the mistake by fighting the mother but the mother should take the baby with her rather than leaving him behind because this is her duty of care to look after that baby. Therefore, the mother pay for the damage she causes to the baby regardless of her situation.
References
- Wikipedia. (15, june,2019). the free encyclopedia. Negligence. Retrieved from https://en.wikipedia org/wiki/Negligence
- Wikipedia. (30, may,2019). The free encyclopedia duty of care. Retrieved from. https://en. wikipedia. org/wiki/Duty_of_care
- HM206 Legal Issue in Health management. Retrieved from. Mr. papapu’s lecture (22, july,2019)
- HG. org Legal Resources (1996). Negligence and breaches of duty care-HG. Org. retrieved from. https://www. hg. org/legal-articles/negligence-and-breach-of-duty-of-care-20316
- Wikipedia. (27, june,2019). the free encyclopedia. Damages. Wikipedia. Retriever from. https://en. wikipedia. org/wiki/Damages
