Law Essay Example | Topics and Well Written Essays - 2000 words - 12

Law - Essay Example Alain, while in the course of the act of helping Mrs Todd balance the shopping, owed a duty of care to the Plaintiff during the course of his employment. He approached the plaintiff to help her balance the shopping, and therefore was under the obligation of taking care while performing the act. However, he failed to take enough care and made the mistake of hanging the heavy shopping bags on the accelerator bar, which led to the scooter speeding off to disaster. Applying the test of remoteness to this case, we observe that Mrs. Todd was directly in the path of any act or omission of Alain. (1856) Alain did not act prudently and carefully while balancing the shopping bags. Any reasonable man would have known that hanging the bags on to the accelerator would amount to a disastrous accident, especially when Mrs Todd was still on the scooter. The case of first came out with the concept of duty of care. (1990, 1932) â€Å"There must be, and is, some general conception of relations giving rise to a duty of care, of which the particular cases found in the books are but instances. The rule that you are to love your neighbour becomes in law you must not injure your neighbour; and the lawyers question: Who is my neighbour? You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.  Who, then, in law, is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question. A manufacturer of products, which he sells in such a form as to show that he intends them to reach the ultimate consumer in the form in which they left him with no reasonable possibility of intermediate examination, and with knowledge that the absence of reasonable care in th e preparation or putting up of products will result in an injury