Download free sample Order new solution

Commercial Law - Question 1

Issue

• Can Madison sue Jake’s Transport for negligence?
• is vicarious liability applicable?
• What defences can the company claim for the tort of negligence

Rule

Tort of Negligence

Precedents

Application

For any act of the person to be considered to be negligent, the plaintiff has to show that the conduct of the defendant was negligent. To prove that the tort of negligence has been there, three major elements had to be proved. First, the defendant should owe a duty of care to the plaintiff. Second, the defendant had breached the said duty as in he dodged in performing the said duty. Third, there must be a direct link between the breach of duty of the plaintiff and the loss and injury the plaintiff suffered. It was in the 20th century when negligence gained prominence. prior to that, there was no specific legislation that would determine the tor....