Tort law assignment help: causation, Business Law and Ethics

Assignment Help:

The second factor which is necessary for a claimant to impose claim on other person is to have a cause for the action taken by him. Hence it is important to have a proper link between the breach caused by one person and the damage which has been done to other person. The general test would be why the damage has been done and action which is necessary for damage to be done. Case of McGhee vs National coal board, 1971 is a typical example of the above causation principle. In this case McGhee claimed over the hospital for the skin infection which was caused by the improper medicine being given by the hospital hence the main cause of the skin infection was the medicine given to him. Due to causation principle hospital was found liable for their action.

Another example of the causation principle is case of Barnett vs Chelsea Hospital management, 1968 where in Barnett swallowed the Arsenic and thereafter he was taken to the hospital. In hospital doctor denied to diagnose the patient and patient died after some time. But in this case there was no liability on the doctor due to causation principle as the damage was already done to the patient and patient would have died regardless of the diagnosis. Hence in this case there was no cause of damage involved from the side of doctor as it was involved in case of the McGhee vs National coal board case.

In our case wherein builder have poured in neat varnish in the bottle labelled with varnish there involved principle of causation. When builder is pouring varnish in water labelled bottle and leaving it unattended in this case there can be damage caused to the people who may use the bottle. Hence the cause is being linked with the damage done to any person. The general test which is applicable on the causation principle shows that there is strong relationship in our case between the breach and the damage being done. Due to breach and damage, causation has been developed between the two which is the main reason of the damage being caused to the person who have used the bottle. Hence the builder who has poured in varnish in water labelled bottle would be entirely liable for the damage being done to the person who have unknowingly used the water bottle. It shows that in our case causation is the main reason of the liability being imposed on the builder and there is no fault from the side of person who is using the bottle. Hence general test is applicable in all the conditions where in we have to find out liability of a person due to cause of damage and breach from that person.

Tort law assignment help is a part of law assignment help service that our online law assignment help experts provide. Law homework help in other law topics is also available to law students at a fairly cheap price.


Related Discussions:- Tort law assignment help: causation

What do you understand by contract administration, QUESTION (a) Define ...

QUESTION (a) Define the term 'contract' and explain the basic elements which constitute a valid and legally enforceable contract under the English Law (b) What do you unders

Qualifications of judge, Qualifications of Judge Hence for qualify to ...

Qualifications of Judge Hence for qualify to appointment as a judge of the High Court a person must either be as; An advocate of the High Court or may Have b

Compulsory winding up, Compulsory winding up: At the hearing other cre...

Compulsory winding up: At the hearing other creditors of the company may oppose the petition.  If so, the court is likely to decide in favour of those to whom the larger amoun

Give detail explanation of credibility problem, Give detail explanation of ...

Give detail explanation of Credibility problem There are indications that such credibility problem stems from a tension between the goal of encouraging innovation and investme

Holder or other holder in due course, Holder or Other Holder in Due Course ...

Holder or Other Holder in Due Course The holder of a bill of exchange who that does not come within the statutory definition of such a holder in due course holds that the bill

Judges of appeal, Judges of Appeal, Attorney and Registrar Judges of...

Judges of Appeal, Attorney and Registrar Judges of Appeal However a "judge of appeal" is a judge that who is appointed to the Court of Appeal. Attorney - General

Chaos Monkeys, Discuss the character of Mr. Martinez and the relationship b...

Discuss the character of Mr. Martinez and the relationship between his personal life and work life. Do effectiveness in Silicon Valley and on Wall Street require that one be like M

Registers and documents - registered office, Registers and documents - regi...

Registers and documents - registered office: The following registers and documents are also kept at the company's registered office:- i.             The register of members

#title., What is hire purchase?

What is hire purchase?

Explain the universal declaration of human rights 1948, Explain the Univers...

Explain the Universal Declaration of Human Rights 1948 The Universal Declaration of Human Rights 1948 (UDHR) is the nucleus of all Human Rights legal instruments from which oth

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd