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

Tort example - property from injury, A landowner has a duty to protect a p...

A landowner has a duty to protect a person that enters his/her property from injury.  If the person is a guest or licensee, then it is a higher duty of care.  However, the landowne

Trade unions - unincorporated associations, Trade Unions - Unincorporated A...

Trade Unions - Unincorporated Associations Therefore these are registered under S.11 of the Trade Unions Act 1952 into the primary object of regulating the relations between e

Justification of innocent passage by territorial water, What is the justifi...

What is the justification behind the right of innocent passage through territorial waters, when the waters actually form a part of the states sovereign territory? The rational

Liability of incoming partners and death of a partner, Liability of Incomin...

Liability of Incoming Partners and Death of a Partner Liability of Incoming Partners However Unless a new partner makes a individual agreement to the effect such he wil

Super Parrot Food, Ask q‘Super Parrot Food’ Our own unique blend of parrot ...

Ask q‘Super Parrot Food’ Our own unique blend of parrot food containing the best quality ingredients lovingly prepared by us. Tim, the proprietor of ‘Pets on Parade’, a competing

Impact on businesses of phoenix activity, Q. Impact on businesses of phoeni...

Q. Impact on businesses of phoenix activity? In 1996 the Australian Securities Commission (ASC), published a report on phoenix activity titled Phoenix Activities and Insolvent

Examine the features of the main sources of law in mauritius, QUESTION 1 ...

QUESTION 1 Arbitration has proved itself to be a valuable scheme in alternative dispute resolution of conflicts. Discuss the advantages and disadvantages of Arbitration as a su

What forces the policy maker to obey the law, What forces the policy maker ...

What forces the policy maker to obey the law When law directs a policy maker to carryout policy, what forces the policy maker to obey the law? When there is no restriction from

State article 2 of international law, State article 2 of International law ...

State article 2 of International law Article 2 states that there is no right of a State under international law to diplomatic relations; these exist by mutual consent. However

Regulations regarding hazardous substances, REGULATIONS REGARDING HAZARDOUS...

REGULATIONS REGARDING HAZARDOUS SUBSTANCES A hazardous substance has the potential to harm. It may cause harm to human beings, other living creatures, plants, microorganisms, p

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