Choc Delux Liability Under the Tort of Negligence Free Essay Example, 1000 words

According to English law for tort of negligence, claimant (Kim) needs to prove number decision points to help the court to find evidences of negligence showed by Choc Delux. Decision Point 1: In order to prove evidence of negligence, Claimant (Kim) will need to show that defendant (Choc Delux) owed the duty of care towards claimant (Harlow, 2005). In similar context, the case of ‘Donoghue versus Stevenson’ can be used as reference point. In that case, House of Lords gave verdict that in case of generally duty being assumed by Claimant, evidence of negligence cannot be proved. However, in this case, Claimant (Kim) is customer defendant (Choc Delux) and defendant gifted the cake to Claimant. Therefore, Choc Delux owed the duty of care towards Kim. Decision Point 2: After showing that Choc Delux owed her duty of care, Claimant (Kim) needs to prove that defendant (Choc Delux) is at fault or the defendant (Choc Delux) has breached its duty of care. In such context, first, the courts determine the standard of care that Choc Delux owed to Kim. We will write a custom essay sample on Choc Delux: Liability Under the Tort of Negligence or any topic specifically for you Only $17.96 $11.86/pageorder now Although, there is no written contract between Claimants (Kim) is customer defendant (Choc Delux) but breach of duty can be proved the court by using the clause of business ethics and quality standards (Marcy, Gentry and McKinnon, 2008). As a result, it is reasonable to think that the court will find evidence for breach of duty of care by defendant (Choc Delux). Decision Point 3: At this phase, Claimant (Kim) needs show that breach of duty by defendant (Choc Delux) caused the damage (physical injury and monetary expense of  £10,000). The court will use ‘but-for’ test to determine the validity of claim by the Claimant (Kim) (Harlow, 2005). Court will ask the question, â€Å"but for the Choc Delux’s (defendant)’ tort, would Kim (Claimant) have suffered the loss. In such case, Kim can use the doctor’s diagnosis, medical reports to show that damage was caused by the defendant (Choc Delux). In extreme case, chemical tests can be conducted to show that ‘false finger nail’ was part of the wedding cake when it was delivered by defendant (Choc Delux). Decision Point 4: finally, damage suffered by Claimant (Kim) must be part of the damage that can be recovered under English law for tort of negligence. Kim’s case is not loss of chance to avoid damage (physical injury and monetary expense of  £10,000). Therefore, it will not be difficult for Kim to pass the 4th decision point (Lewis, Morris and Oliphant, 2006). All the four decision points are in favour of Claimant (Kim) and these criteria can be fulfilled by Kim in the court.