Quizzes & Puzzles3 mins ago
what is "tort of negligence
2 Answers
out line the tort of negigence from health & safety at work etc, act 1974
Answers
1 to 2 of 2
Best Answer
No best answer has yet been selected by houstons179. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
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.
1 to 2 of 2
