Table of Contents

Introduction................................................................................................................................3
Question No ...............................................................................................................................4
Question No ...............................................................................................................................5
TOPIC REVIEW #1:

TORT OF NEGLIGENCE
SECTION A: SHORT ANSWER.
(15 MARKS)
Please answer the following question using your own words. I will not accept answers that are copied
from the slides/textbook /internet. Write the answer based on YOUR understanding of the principles.
Each question carries 5 marks.
1. Negligence law requires a person to take care and not to harm his ‘neighbours’. In this context,
explain how law determines who our ‘neighbours’ are so that we can exercise our duty of care
towards them. Provide ONE (1) example to illustrate your answer.

Carelessness is a form of wrongdoing that arose from the fact that a variety of misfortunes or injury
occur between parties who do not have an agreement, and therefore there is nothing for one side to
sue the other over. The House of Lords elected to create a new legal principle that said that everyone
had a duty of care to their neighbour, allowing Donoghue to essentially sue the manufacturer for
damages. Regardless of whether carelessness is proved, the respondent may have a shield that
protects them from liability or reduces the amount of harm they are exposed to. Lack of respect is a
cutting-edge violation since a variety of hardships or harm might arise between parties who have no
understanding, and similarly, there is nothing for one side to sue the other over. Spot of Lords agreed
to add another rule of law that said that everyone had a duty of care to their neighbour, allowing
Donoghue to sue the creator for damages. Whether or whether inconsiderateness is demonstrated, the
respondent may have a watchman who protects them from being arrested or reduces the amount of
harm they risk.

2. Explain how the ‘reasonable man’ test is applied in determining whether or not the defendant has
breached his duty to take care of the plaintiff. Provide ONE (1) example to support your answer.

In a professional carelessness lawsuit, a court may use the "sensible individual" (formerly "sensible
man") test to determine if the litigant's actions are careless. This is a precedent-based legal theory that
asks how a reasonable person would have acted in circumstances similar to those in which the
plaintiff was given at the time of the alleged negligence. The court will seek expert opinion in order
to qualify this decision. The several assessments presented by these professionals who would operate
in the same field as the response come to create the premise of how a "intelligent individual" would
have acted. The reasonable individual is a hypothetical person who is used as a legal standard to
determine whether the direction of the gatherings for a scenario was suitable under the circumstances.
It is the standard of lead taken on by those with common sense and prudence. The sensible man test is
a carelessness exercise that asks what a "sensible individual of ordinary reasonability" would behave
in the respondent's situation.
We don't care what was going through the respondent's mind when he submitted his demonstration or
exclusion because this is a goal test. As an example, The intelligent individual, who is likely
 bespectacled and dressed in a gravely dull suit, addresses the current situation's standard of care. Let's
say you're involved in a car accident. While stuck in rush hour traffic, you were passed by yet another
car.

3. What is contributory negligence? What would be the effect of a finding of contributory negligence
against the plaintiff in a suit for negligence? Support your answer with ONE (1) example/case law.

Absence of respect is a type of offence that is on the rise in light of the fact that a variety of issues or
injury might arise between parties who do not understand each other, and similarly, there isn't
anything for one side to sue the other over. The House of Lords voted to enact a new law and order
that said that everyone had a duty of care to their neighbour, allowing Donoghue to sue the inventor
for damages. Whether or whether rudeness is displayed, the respondent may be protected by a
guardian who absolves them of culpability or reduces the severity of the consequences they face.
When a physical issue arises, both the plaintiff and the injured person may be held responsible. For
example, in a car accident involving vehicles An and B, vehicle A's driver was speeding while vehicle
B's driver was inebriated. Contributory carelessness refers to the lack of concern for the damaged
offended party.

SECTION B: CASE SCENARIO

(15 MARKS)
Read the case and answer the question / issue in the case. In answering the case please use the IRAC
method. Explanation of the IRAC method is available in the Handbook and Powerpoint that is uploaded
in the course.
Honey Hijab is a very successful retailer selling shawls and Muslim apparel. Their shawls are very
popular and most designs will sell out within hours of being released into the market. Recently in
conjunction with their fifth anniversary, Honey Hijabs held a members-only sale for their limited edition
shawls. On the day of the sale, a huge crowd was seen queuing outside their boutique and when the door
was finally opened there was a mad rush of shoppers into the store. Unfortunately in the commotion, one
of the shoppers, Leeza fell down and subsequently suffers various injuries from being stepped on by other
shoppers before she was finally rescued by Honey Hijabs’ staff.
Leeza wishes to sue Honey Hijabs under negligence and claim damages for her injuries. Explain whether
Leeza will be successful in her action.
 According to Tort law, it is a law of carelessness in which an individual suffers as a result of
someone failing to take care to avoid something that is an improper demonstration, as evidenced
by the above passage Leeza honey hijabs client who collapsed when the rush came into the shop
after it opened because there was a large crowd outside. Leeza will be successful in her
endeavours because, under the law, a person who has been injured or hurt can sue and file a case
for the harm they have suffered as a result of the shop's carelessness and foolishness, and the
client Leeza can unrestrictedly file a case and go to court to fight for her rights.
 Tort law in the context of carelessness is a good place to start.
What is negligence?
If you are injured as a result of another's hasty action or inaction, that individual or organisation
might be held accountable for the wrongdoing done to you. "Indiscretion" is the proper phrase for
that carelessness. Instances of recklessness are reachable cases known as "offence exercises." The
term "wrongdoing" simply describes a lawful wrong. The law of imprudence allows you to sue
someone for causing you injury unexpectedly or with ferocity. When someone's actions or
inability to act fall below a reasonable degree of care, they are said to be careless.
The following are some instances of this type of case:

 Fatal car crash

 Workplace negligence
 Injuries at work
 Bullying