Foreseeability. Negligence and Tort Assignment Example | Topics and Well Written Essays - 3000 words

Foreseeability. Negligence and Tort - Assignment good exampleThe essence of existence of specific relationship between parties to establish negligence claims is based on the logical system that such a claim nookie only a nurture in acts and omissions relating to these elements (Cooke, 2005, p. 12). Normally, it is assumed that such claims can be levelled against a ternion political party because such party is liable for acts or omissions that led to harm, injury, or loss. However, in some circumstances, an individual whitethorn be in specific relationship with a third party and have a duty to control the conduct of the third party so as to nix harm, injury, or loss to the claimant (Kidner, 2006, p.25). Control over the third party includes but not express to the following parent and child, car owner and a drunken or incompetent driver, mental hospital and patient, parent and child, and gaoler and prisoner. The need for control over a third party is informed by the position tak en by Lord Goff in Smith v Littlewoods 1987 1 All ER 710 at 731 when analyzing the rule of mere- omissions and making considerations for the exceptions to this rule. Lord Goff argued that there are some circumstances where the courts have realized affirmative action duties. One of these circumstances is that the defendant has control over a third party who has caused pervert to the claimant. Control over a third party is an affirmative action that has been given rise by a number of relationships. Examples of these relationships are parent and child and employer and employee, where the defendant has an affirmative duty to prevent harm (Kidner, 2006, p. 71). Normally, there should be a chain of causation between the negligence of the defendant and the damage caused to the claimant, as decided in Rouse v Squires 1973 QB 889. In such circumstances, the third party may be held liable for the claimants damage. However, where the defendant has control over a third party, or in circumstan ces where the third party is