Discuss the extent to which public servants owe a duty of care under the tort of negligence

IntroductionThe tort of inadvertence was established by the House of Lords in Donoghue v Stevenson [1932]. In this case the claimant?s friend logical a bottle of zest beer for the claimant. The ginger beer was contained in an dark bottle. Having drunk some of the ginger beer, the claimant poured the remainder into her glass. As she did so, the remain of a decomposed snail fell out. The claimant became ill and sued the manufacturer of the ginger beer. The House of Lords held that manufacturers owe a profession of care to the consumers of their products and that a consumer can sue a manufacturer if he or she is harmed or injured due to the manufacturer?s omission. In rewrite to make a successful claim infra the tort of negligence the claimant must therefore establish terzetto things. Firstly, that the defendant owed the claimant a duty of care. Secondly, that the defendant breached the duty i.e. he or she was negligent Finally, the claimant must establish that he or she suffered loss or harm as a solving of the negligence.

An individual that has suffered harm as a consequence of the negligence of a public servant e.g. the police, the fire service, the ambulance service etcetera will not succeed under the tort of negligence unless the public servant owed the claimant a duty of care.



The purpose of this see is to discuss the extent to which public servants owe a duty of care to members of the public.

The Duty of CareIn Donoghue v Stevenson [1932] Lord Atkin explained that ?you must walk out reasonable care to avoid acts and omissions which you can reasonably foreknow would be likely to injure your neighbour? (Macintyre 2005 pg. 347). He be the term ?neighbour? as persons closely and directly touch on by your...

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