This concept originates from the donoghue v stevenson

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This concept originates from the (Donoghue v Stevenson ,1932) case in which a dead snail was found in the opaque bottle and the woman fell ill, leading to her suing the ginger beer manufacturer, Mr Stevenson. In which her case was successful as the House of Lords held that the manufacturer owed a duty of care to her, which was breached, because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm of consumers. From this the case established a modern law of negligence and the neighbour test. The claimant must also be able to prove that there was a breach of the duty. In which Per Alderson B in (Blyth v Birmingham Waterworks Ltd (1856) say it occurs if the defendant “…does something which a prudent and the reasonable man would not do”. When studying the case of 1933 Hall v Brooklands Auto Racing Club [1933], LJ Greer discussed to the reasonable man as the average man who exercises the average care, skill and judgement. In this case the defendant, was blameless in the accident, where a race car flipping over a guardrail, murdering and wounding spectators. This was on the foundation that an ordinary man could not have seen the accident forthcoming. Therefore, suggesting that what is reasonable will depend on the facts of each case. Lastly the loss that he suffered, in which there are two elements known as causation and remoteness. According to (Wilsher v Essex AHA, 1988) it is important for the cause of the situation to be determined as the it is possible that the injury caused would come from others. It is also important to determine its remoteness as the injury that took place must be reasonably foreseeable. Therefore, a contract is different to tort can be broken and come to an end, but with tortious law there is no contract to break, but a liability may be due if a person commits an act against the law.
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Remedies The similarities and differences between contact law and tort law can be spotted when assessing the damages and evaluating the motives behind the remedies. When a contract has been broken some remedies arise from common law and others from equity. Common law is part of the English law and is derived from custom and judicial precedent rather than statutes. in which contract damages are the main common law. This aspect of law covers personal injury, damage to property as well as financial loss. The remedy for common law may be liquidated, predetermined in the contracts or unliquidated which is determined by the courts. Its aim is to put the claimant in the same position they would have been in as if the contract had been properly performed. According to(Jarvis v Swans Tours, 1973) damages may also be awarded for distress and frustration, like in Mr Jarvis’s 15 day skiing holiday in which the promise for enjoyment was not completed.
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