Law of Negligence.docx - Part B Question 1 Whether Dani can...

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Part BQuestion 1Whether Dani can can take any legal action againts Millenia Restaurant under the law ofnegligence. Negligence could lead into two meanings which is the first one would be careless conduct. Thesecond one would be negligence as a tort which require proof before liability may be established anddamages imposed on the tortfeasor. Meanwhile, in Blyth v Birmingham Waterworks Co (1856) 11 Ex781, negligence can be defined as “the omission to do something which a reasonable man would do,or doing something which a reasonable man would not do.” Meanwhile, in Lochgelly Iron and CoalCo v McMullan [1934] AC 1, negligence means more that heedless or careless conduct. It properlyconnotes the complex concept of duty, breach and damage thereby suffered by the person to whom theduty was owing. There are three elements in negligence. The first element would be duty of care. Duty can bedefined as an obligation recognize by law to avoid fraught with unreasonable risk of danger to others.Therefore, the breach of duty and the resulting damage may give rise to liability in negligence.However, the breach of a moral or social duty generally does not give rise to liability in negligence. InDonoghue v Stevenson (1932), the defendant, a ginger-beer manufacturer has sold ginger-beer to aretailer. The ginger-beer bottles were opaque. A bought a bottle and entertained her friend, the plaintiffwho drank the ginger-beer. It was alleged that when A refilled the glass, along with the ginger-beer

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