Compensation Act 2006 Essay -- Negligence

Negligence as a civil wrong is defined as a breach of a legal occupation to take care which results in damage to the claimant. It has been established that in straddle to raise liability and succeed in negligence claim, the claimant must set up that the defendant owes him a duty of care, that this duty has been breached, and that he suffered damage or loss which is within the scope of the duty. However, the question of whether a breach of a duty of care has occurred, involves two elements how much care is required to be taken (in other words the touchstone of care) and whether that care has been taken. It is worth mentioning that the standard of care in negligence is objective , as held in Nettleship v Watson , in which the conduct of the defendant was examined. The situation, however, was not that clear. Under Caparo test , the courts lead take into account in determining duty of care foreseeability of harm, proximity, and whether autocratic a duty would be fair, just, and reasonable. Relatively, it can be said that s.1 of the remuneration twists 2006, revolves around similar principles of those mentioned in Caparo test. In fact, the courts are invited under ingredient 1 (but not obliged) to take into account the impact of decisions they make on standard of care. Furthermore, in deciding whether the defendant have taken demand steps to meet the standard of care, the courts are invited to examine whether those steps would forbid desirable activities from taking place, and discourage people from undertaking functions in association with the activity. The question arises here, however, on whether Judges had such discretion before the Act while deciding on standard of care. The answer lies in the instructive notes of the Act, which declare... ...ckman 1990 2 ACMiller v. Jackson 1977 QB 966, CARobinson v bit Office 1974 1 WLR 1176Overseas Tankship (UK) Ltd v Miller Steamship Co Pty, The Wagon Mound (No 2 ) 1967 1 AC 617Nettleship v Weston 197 1 2 QB McHale v Watson 1966 CLR 199 Bolton v. Stone 1951 AC 850, HLDonoghue v Stevenson 1932 AC 562Website decease compensation culture Blair accessed 7th January 2011Compensation culture accessed 7th January 2011(Claire Mckenney), inquisitive the claims culture (2004) accessed 7th January 2011Compensation Act 2006 Explanatory Notes accessed 7th January 2011