Tutorial_4_-_Law_of_Tort.ppt

According to this test you owe a duty of care to

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Stevenson. According to this test, you owe a duty of care to everyone who is so close to you that whatever you do or not do, this person will be affected by it. On the facts, based on this test, AB restaurant owe Ali a duty of care because whether it does or does not do, Ali will affected by it. 2. Did AB restaurant breach the duty? To see whether the duty has been breached or not, a reasonableman test must be done. This test was introduced by Alderson B. in the case Blyth v Birmingham waterworks Co. To see whether a duty has been breached or not, it has to be determined what a reasonable person would do in the same situation. On the facts, a waiter in a reasonable restaurant would not drop a bowl of soup on its customer. At the same time, a reasonable restaurant would not serve a bowl of soup which is that hot. Thus, the duty is breached. 3. Did Ali suffer losses/injury due to this breach? On the facts, Ali’s injury was caused by this breach and thus the 3 rd element is also fulfilled. As such, AB restaurant may be negligent There are 2 defences which could be rised, i.e contributory negligence and volenti. However, both may not available to AB restaurant because there is nothing to show that Ali contributed to the negligence and there is no issue of volenti here Conclusion AB restaurant may be negligent.
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