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

Invitation to treat - law of contract, Invitation to Treat - Law of Contrac...

Invitation to Treat - Law of Contract Well this is a mere invitation through a party to another or others to make offers.  Another time the offeror become offeree and invitee

Allotment of shares and debentures - mergers and winding up, Allotment of s...

Allotment of shares and debentures - mergers and winding up: When the scheme is before the court for final approval a minority may object on any of the various grounds indicat

Negligence - statutory provisions, NEGLIGENCE: It is still uncertain w...

NEGLIGENCE: It is still uncertain whether damage caused by negligence can be brought under the heading of "fraud" for the purpose of the exception of "fraud on the minority."

Article 4 - state responsibilty, Article 4 - State Responsibilty Articl...

Article 4 - State Responsibilty Article 4. Under this Article a State shall be responsible for those territories in its jurisdiction which have different status under its domes

Business names, Business Names:                             If a compa...

Business Names:                             If a company has a place of business in Kenya and carries on business under a business name which does not consist of its corporate

Leases - voidable contracts, Leases - Voidable Contracts However a lea...

Leases - Voidable Contracts However a lease granted to an infant is binding on him unless he repudiates it then within a reasonable time after attaining the age for eighteen.

Confession hypothetical, Case Study The following scenario should be an...

Case Study The following scenario should be analyzed to determine whether police proceeded properly under the applicable cases.  Your task is to identify issues of concern, eva

The employment rights act provides, QUESTION The Employment Rights Act ...

QUESTION The Employment Rights Act provides- No employer shall terminate a worker's agreement for reasons related to the worker's misconduct unless the worker has been affor

Ratio decidendi, Ratio Decidendi Conversely "ratio decidendi" of a cas...

Ratio Decidendi Conversely "ratio decidendi" of a case consists of the material facts of such case and the decision made through the judge on the basis of those facts.  So hen

Prospectus issue, Prospectus Issue: Under a prospectus issue the compa...

Prospectus Issue: Under a prospectus issue the company sells the shares directly to the public rather than selling them through intermediaries.

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