Quizzes & Puzzles1 min ago
what is "tort of negligence
2 Answers
out line the tort of negigence from health & safety at work etc, act 1974
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The two are different things. There is a Health and Safety Act 1974 and there is a Tort of Negligence.
I can't tell you much about the Health and Safety Act, I'm afraid, but a Tort is a duty of care.
The only example I can give you is the one that was shown to me when I covered this area in my studies - I think the most famous case of this kind. It was a case is that of Donogue V Stevenson (though it didn't actually go the court system LOL)
Mrs Donogue went to a cafe with her friend and her friend bought Mrs Donogue a ginger beer.
At this point I think we can agree that the act of the friend paying for the GB, that her friend and the cafe have created a contract and Mrs Donogue has not because SHE didnot purchase the drink.
So, Mrs D take a drink of the GB and it's only after she's done that, that the decomposed remains of a snail emerge. Mrs D sought damages from Stevenson, the manufacturer for the resulting nervous shock and gastro enteritis. This is where the Tort comes in, because Mrs D never had a contract with them to claim this BUT Stevenson was still responsible because as the manufacturer, he is responsible for ensuring that there are no dead snails in the GB - duty of care.
Do you need to write something for a school/college report that is explain a Tort in and HSE environment??
Hopefully my explaination of what a Tort is (if you understand it, I've had a few drinks!) will help you make up a case study.
I can't tell you much about the Health and Safety Act, I'm afraid, but a Tort is a duty of care.
The only example I can give you is the one that was shown to me when I covered this area in my studies - I think the most famous case of this kind. It was a case is that of Donogue V Stevenson (though it didn't actually go the court system LOL)
Mrs Donogue went to a cafe with her friend and her friend bought Mrs Donogue a ginger beer.
At this point I think we can agree that the act of the friend paying for the GB, that her friend and the cafe have created a contract and Mrs Donogue has not because SHE didnot purchase the drink.
So, Mrs D take a drink of the GB and it's only after she's done that, that the decomposed remains of a snail emerge. Mrs D sought damages from Stevenson, the manufacturer for the resulting nervous shock and gastro enteritis. This is where the Tort comes in, because Mrs D never had a contract with them to claim this BUT Stevenson was still responsible because as the manufacturer, he is responsible for ensuring that there are no dead snails in the GB - duty of care.
Do you need to write something for a school/college report that is explain a Tort in and HSE environment??
Hopefully my explaination of what a Tort is (if you understand it, I've had a few drinks!) will help you make up a case study.
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