Torts of Law - Negligence

Topics: Tort, Law, Negligence Pages: 2 (883 words) Published: March 3, 2013
There are five different torts that can be the subject of court actions, the most common being Negligence. Good morning students of [example], my name is [name] and I am here to give you a brief talk on an area of civil law. My presentation will be based upon the tort, negligence and will involve a related case. Negligence is a breach of a person’s or organisation’s duty to take reasonable care in the circumstances, which causes harm to a person or organization. It is a manner that involves harm caused by carelessness, not intentional harm. For negligence to occur, the plaintiff will need to prove that the three factors are present; these being, the defendant owes a duty of care to the plaintiff, the defendant failed in his duty and finally, there must be damage to the plaintiff caused by the breach of the duty of care. Medical negligence is one of the most common forms of negligence in the court of law. It is an order of common law where medical professionals fail to fulfil their duty to take reasonable care for the safety and wellbeing of their patients. Under a common law, if the patient sustains any unstated injuries they are liable to sue and claim for damages. The tort of negligence is evident in the case “Harriton v Stephens” which involves a woman and her disabled child. The plaintiff of this case is 25 year-old woman, Alexia Harriton. Alexia is suffering from several severe congenital diseases including being blind, deaf and physically and mentally disabled, leaving her incapable to take care of herself. These disabilities are caused by her mother’s infection with the rubella virus during her pregnancy. The defendant in this case was Paul Richard Stephens, Alexia’s mother’s doctor at the time of her pregnancy with Alexia. Dr Stephens conducted several common tests to determine the presence of the rubella virus and informed Alexia’s mother that she did not contain it. The virus can cause a number of different deformities in the child, ranging in...
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