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Negligence in Tort Law Essay Research Coursework Paper (Essay Sample)


The instructions required that I read a case and answer questions and demonstrate knowledge and understanding of the various legal and professional responsibilities within a business sector. It also required me to identify and understand the key concepts of contract and demonstrate how to use legal authority appropriately. The case involved advising a girl named Beyonce under the tort of negligence . Beyonce was contracted by simon to perform in an event and after the event, simon sent a flrist to deliver a bouquet of flowers as an appreciation. Unfortuantely the florist included a poisonous species of a flower known as :lily of the valley." When Beyonce placed the flowers in water, she became ill, was hospitalized and missed a show she was to be paid $500000. In the text I advised beyonce under the law of tort the negligence action she should take.


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Negligence in Tort
Under tort law, professional negligence is a subject of claim if the plaintiff can demonstrate that the damage or a loss occurred due to such negligence. As a professional, one owes a duty of care either under contract or tort. The defendant is liable for the tort of negligence to either their employers, a direct beneficiary to their services, or a third party they owe fiduciary duties. Therefore, it means that a tortious liability will occur when there is a breach of duty through negligence and which must be actioned through damages. To get into the reasonability of the application, Beyoncé must establish a few facts; First, did the defendant have a duty of care to the complainant? Did they breach that duty? Did the breach of the duty cause the damage, either in bodily harm or economic loss? And finally, to what extent of the loss is the defendant liable? If the plaintiff is correct to the four questions, then there is a basis for a claim.

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