Ngee Ann Polytechnic
School of Business & Accountancy
Diplomas in ACC, BIT, BS, BFS & IBZ
LAW OF TORT
Section B: Problem Questions
(Use LAC format to answer, with supporting cases)
Last month, Raj bought a pair of Flying Eagle inline skates from his neighbourhood shop. Flying Eagle inline skates are made in a factory in Tampines owned by the Kang Brothers. Unknown to Raj, the particular model of inline skates had a manufacturing defect. Two weeks ago, while Raj was skating down the Bukit Timah Hill, the brakes on the skates failed, causing him to roll down the hill. Raj suffered multiple bruises on his head, elbows and knees and a fracture of his right wrist. Raj was hospitalised and was unable to work for three weeks as a part-time delivery boy at the Prata Hut.
a) Advise Raj whether he can successfully claim compensation under the tort
Negligence is not doing something that a reasonable man would do, or doing something that a reasonable man would not do.
A duty of care firstly requires factual forseeablility owed to any person whom we can reasonably foresee will be injured by our acts or omissions to test the remoteness of damage. It is also known as the ‘neighbour principal’. Secondly, there must be legal proximity based on the closeness and directness of the relationship between the parties, physical proximity or casual proximity. Lastly, there is a consideration of all policy matters applicable to the situation which might remove the duty of care which had been established.
Whether or not the duty of care is breached determines on the standard of care expected from the person who owes the duty. Factors like the level of skill, likelihood of injury and seriousness of the injury are taken into consideration.
The plaintiff must then show that he suffered damage or loss...
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