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Is the tort of negligence trying to edge out all the other areas of tort?


The tort of negligence is quite young by the standards of the common law, but it has
thrived so mightily and grown so lusty that one could be forgiven for wondering
whether there was any room left for any other tort at all. Negligence is always trying to
edge out the other torts in the hope of elevating into a completely general and
comprehensive principle its own proposition that it is actionable unreasonably to cause
foreseeable harm to another."
(Tony Weir, A Casebook on Tort)
To what extent, and for what reasons, do you agree with Weir's view?
Discuss this statement with reference to the establishment of a duty of care in the tort of
negligence today.

Get off to yout local or uni library and find the answer yourself instead of getting us to do the work for you. You'll make a great lawyer.

Under most laws, a defendant that acts wantonly or oppressively or with such malice that it implies a spirit of mischief or criminal indifference to civil obligations; or with some willful misconduct so that the entire want of care would raise the presumption of a conscious indifference to consequences of its actions, is liable for exemplary or punitive damages if it's conduct harms another. If a person has clear and convincing evidence that a defendant has acted with this requisite degree of culpability then they should be found negligent and held accountable for their actions.

UMMMMMM cant you do your own homework?

I cannot see that tort will be taken over by negligence simply because the law of tort is varied and very contextual.

If you take the rule in Rylands v Fletcher as an example, this has been mostly overuled by the Transco case leaving little room to manouver within the original ruling but this was strict liability and not negligence, even though there would probably an element of negligence in both cases.

We have to consider the basis of negligence.
Did the defendant know, or should he have known?

This was brought into question when Caldwell recklessness was overuled by R v G and another. This case was when two young lads set fire to some bins and the fire spread to a factory causing 拢1 million pounds worth of damage.

They were only about 10 years old at the time. The basis of the prosecution case was Caldwell recklessness. The court said no because children could not be held to be able to forsee the consequences of their actions and thus were not negligent by their actions.

Weir's statement does have some merit in that it suggests that people should think before they act and if they do not there will be consequences. The courts do acknowledge this however negligence can be viewed as circumstancial and open to criticism. We must be mindful that no man is at all hours wise.

Hope this gives you some ideas for thought.

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