Cases And Materials Torts Wolter Kluwer Law -Myassignmenthelp.Com

Question: Discuss About The Cases And Materials Torts Wolter Kluwer Law? Answer: Introduction The first legal principle involved in this case study requires identification of whether there was negligence on the part of Hoof Hearted Adventures Ltd due to which damage was sustained by Brandon. The second legal principle that can be applied in this case study is the existence of exclusion clause. The third legal principle existing in the case study is contributory negligence on the part of Brandon. Essential elements of negligence actions in relation to Brandons case It is to be stated in relation to the case study that for establishing negligence it has to be proved by the plaintiff that the defendant had a duty of care to the plaintiff as held in the case Donoghue vs. Stevenson. It can be assessed by the use of an objective test. In this case it can be assessed that Hoof Hearted Adventures Ltd had a duty to Brandon as he was their client. The second element is Standard of care. It is important to assess whether sufficient care was taken by the person to avoid any potential damage to anyone by the use of Reasonable person test (Epstein Sharkey, 2016). In this case it was found that the buckles on the saddle of the horse was broken, therefore it can be established that due care was not taken by the company. The third element is Damage sustained by the plaintiff. In this case damage was physical as well as economic damage was suffered by Brandon. The fourth element is causation of the damage which is identified by the but for test. In this case, it can be noted that the plaintiff would not have sustained any damage had it not been for the negligent action of the company. Thus it can be established there was negligence on the part of the company. Defenses that Hoof Hearted Adventures may have In this chosen case study, Hoof adventures can rely on the exclusion clause which was overlooked by Brandon while signing the waiver. The company can rely on the partial defense of contributory negligence on the part of Brandon as well (Goudkamp Nolan, 2017). The kind of damages that could be claimed by Brandon Brandon could claim general damages from the company for suffering as a result of pain, loss of employment and disfigurement. He is eligible to claim damages for pecuniary loss which covers the medical expenses incurred (Luntz et al., 2017). He is also eligible to claim damages for the loss of income which covers actual loss of income to till the date of trail as well as the capacity to earn thereafter. Identify five important witnesses or pieces of evidence It is to be mentioned that in cases of negligence the burden is on the aggrieved party to prove that there was negligence on the part of the defendant. The defendant in turn has to produce evidence and witness that could limit his liability. Therefore in this case the five important witnesses and evidences are: The waiver- The waiver is an important evidence as it contained the exclusion clause which could potentially limit the liability of the company The employee who was present while the waiver was signed by the Brandon- Such employee can testify that Brandon had signed the waiver overlooking the exclusion clause in a hurry The employee who gave the saddles to Brandon- The employee had admitted saying that he was negligent enough to give Brandon the defective saddles The hospital staff- The hospital staff are relevant witnesses as they can testify for the injuries sustained by Brandon Pay-slip of Brandon is a relevant evidence as it will be essential to prove the income prior to the incident. References List Epstein, R. A., Sharkey, C. M. (2016).Cases and materials on torts. Wolters Kluwer Law Business. Luntz, H., Hambly, D., Burns, K., Dietrich, J., Foster, N., Grant, G., Harder, S. (2017).Torts: cases and commentary. LexisNexis Butterworths. Donoghue v Stevenson[1932] UKHL 100 Goudkamp, J., Nolan, D. (2017). Contributory negligence on appeal.