Tort law Essay Example | Topics and Well Written Essays - 2000 words - 2

Tort law - Essay Example The element of forseeability means that a reasonable person in the circumstances would have been able to anticipate that such damages could arise. In the case of Shoddy Contractors, they are professionals who are in the business of setting up light fixtures, therefore they would be expected to be reasonable conversant with the necessary procedures for doing so and dangers that could arise out of negligence. Therefore the element of foreseeability may be established in this case, since damages were likely to occur through negligent drilling of electrical wires, therefore workers should have been more careful. Secondly, the relationship of the parties may also be established in this case. While a duty of care may not arise or be owed to a particular claimant if that claimant was unforseeable2 in this case, Shoddy Contractors in installing street lights outside Maggie’s building owed a duty of care and had a relationship with all the clients in the building to whom it was providing a service. In some cases, a duty of care has not been imposed when it could have led to unduly defensive practices adopted by defendants to the extent of interfering with their performance of a public duty, for example in the case of Hill v CC of West Yorkshire.3 While in this case also, a public duty is being performed by Shoddy Contractors, nevertheless they would be expected to take minimum precautions in drilling through electrical wires and the event that occurred may be held violative of the duty of care. The actions of Shoddy Contractors in drilling through an electrical wire would qualify as a negligent act that occurred through the failure to take reasonable precautions. For example, in the case of Barrett v Ministry of Defence4 it was held that when a person undertakes to perform a task, he also assumed the duty to carry it out