Foreseeability. Negligence and Tort Assignment Example | Topics and Well Written Essays - 3000 words

Foreseeability. Negligence and Tort - Assignment ExampleThe essence of existence of specific relationship between parties to establish carelessness claims is based on the logic that such a claim can only arise in acts and omissions relating to these elements (Cooke, 2005, p. 12). Normally, it is assumed that such claims can be levelled against a third party because such party is liable for acts or omissions that led to harm, injury, or loss. However, in nearly circumstances, an individual may be in specific relationship with a third party and have a duty to control the conduct of the third party so as to prevent harm, injury, or loss to the claimant (Kidner, 2006, p.25). hold in over the third party includes but not limited to the following parent and child, car owner and a drunken or incompetent driver, mental hospital and patient, parent and child, and gaoler and prisoner. The need for control over a third party is informed by the position interpreted by Lord Goff in Smith v Lit tlewoods 1987 1 All ER 710 at 731 when analyzing the rule of mere- omissions and making considerations for the exceptions to this rule. Lord Goff argued that there are some circumstances where the courts have established affirmative action duties. One of these circumstances is that the suspect has control over a third party who has caused damage to the claimant. Control over a third party is an affirmative action that has been given rise by a number of relationships. Examples of these relationships are parent and child and employer and employee, where the defendant has an affirmative duty to prevent harm (Kidner, 2006, p. 71). Normally, there should be a chain of causation between the negligence of the defendant and the damage caused to the claimant, as persistent in Rouse v Squires 1973 QB 889. In such circumstances, the third party may be held liable for the claimants damage. However, where the defendant has control over a third party, or in circumstances where the third party is