Tort law Essay Example | Topics and Well Written Essays - 2000 words - 3

Tort law - Essay Example Therefore, duty is an essential element in to establish negligence. The claimant must prove that the defendant had failed to carry out the minimum standard of care in performing his duty. It is also important to prove that the claim for damages had arisen out of that failure to perform such duty. In addition, it has to be proved that the defendant was duty bound to exercise care towards the claimant2. In order, to establish a duty of care, three requirements have to be fulfilled. First, some foreseeable damage should have been caused to the claimant. Second, there should be a closer relationship between the claimant and the defendant that establishes a duty of care. Third, such relationship should be just and reasonable in imposing a duty on the defendant3. The doctrine of duty of care was first developed in Donoghue v Stevenson4. Since then this concept remained unchanged, until the 1970 case of Dorset Yacht v Home Office. In that case, it was held that a duty of care was present, if the damage was predictable5. In Donoghue v Stevenson, the plaintiff’s friend ordered a ginger beer. After she had consumed a portion of the drink, she noticed the remains of a rotten and decomposed snail in the beer. Donoghue fell ill on account of having consumed the contaminated beer, and brought a suit against the defendant, who was the manufacturer of the ginger beer6. Their Lordships opined that the plaintiff had legal grounds for her claim under the existing law. This decision was a landmark decision and became a legal principle in countries following common law. This decision constitutes the basis for the modern legal principles relating to product liability of manufacturers. This principle has been established as tort of negligence in tort law, and applies to all civil wrongs and claims7. In Capro v Dickman an economic loss transpired, on account of the negligent statement made by the defendant.