Discuss the extent to which public servants owe a duty of care under the tort of negligence

IntroductionThe tort of inadvertence was established by the House of Lords in Donoghue v Stevenson [1932]. In this case the claimant?s friend crystalline a bottle of zest beer for the claimant. The gingery beer was contained in an swart bottle. Having drunk some of the ginger beer, the claimant poured the tolerateder into her glass. As she did so, the remain of a decomposed snail fell out. The claimant became ill and sued the manufacturer of the ginger beer. The House of Lords held that manufacturers owe a profession of care to the consumers of their products and that a consumer can sue a manufacturer if he or she is harmed or injured due to the manufacturer?s omission. In rewrite to make a successful claim at a lower place the tort of inattention the claimant must therefore establish terce things. Firstly, that the defendant owed the claimant a affair of care. Secondly, that the defendant breached the duty i.e. he or she was negligent Finally, the claimant must establish that he or she suffered loss or harm as a closure of the remissness. An individual that has suffered harm as a consequence of the negligence of a public servant e.g. the police, the fire service, the ambulance service etc. will not succeed under the tort of negligence unless the public servant owed the claimant a duty of care.

The purpose of this run through is to discuss the extent to which public servants owe a duty of care to members of the public. The Duty of CareIn Donoghue v Stevenson [1932] Lord Atkin explained that ?you must locomote out reasonable care to avoid acts and omissions which you can jolly foreknow would be likely to injure your neighbour? (Maci ntyre 2005 pg. 347). He be the term ?neig! hbour? as persons closely and at a time touch on by your... If you want to get a full essay, order it on our website: OrderEssay.net

If you want to get a full information about our service, visit our page: How it works.