Provide Fair Justice for the Mankind - Law Assignment Help

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Introduction

In order to provide fair justice for the mankind different sets of law have been emerged in the history of the world. Without going further in the history it would be better to define what is law is? Vermeesch and Lindgren defines law as “those rules established by parliaments and/ or the courts which are recognized and enforced (with physical force if necessary) by courts of law”. (1978, p. 2).

There are two types of laws, contract law and tort law. However, due to the nature of the problem in the case given, in this essay one of the branches of tort law which is negligence would be discussed. Negligence is a type of tort or delict (also known as a civil wrong). However, the concept is sometimes used in criminal law as well.

A rough synonym for "negligence" is "carelessness". However “W Claydon & R Kinshela Revised by B.J.Moore” challenge negligence defnition as “doing something which a reasonable person would not do, or the failure or neglect to do something which a reasonable and prudent person would do” (1999, p 40). The purpose of this essay is to advice the Mr. Zebediah (plaintiff) about the action he might take in the law of negligence.

Reasonable Foreseeability

‘Would a reasonable person in the position of the defendant have foreseen the likelihood of injury to the plaintiff arising from the defendants’ behaviour? (W Claydon & R Kinshela, 1999, p 45). As the question turns towards the supposed case it can be said that, would a reasonable person in the position of the manufacturer have foreseen the likelihood of injury to the consumer (Zebediah) arising from carelessness in manufacturing mayonnaise packet? When manufacturing a product manufacturer should know if he is negligence then it may harm consumers. In this case consumer is the neighbor of the manufacture. So as load Atkin say neighborhood test are satisfied.

 

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