In this essay I will first of all discuss what negligence is and what it consists of. When there is a breach of legal duty where the plaintiff has incurred some sort of damage we call this negligence. Negligence occurs when a person has carried out an unreasonable act which a prudent person would not have carried out in that particular situation. To make sure that negligence is maintained there must be some exceptions to it such as if negligence were to take place there must be a breach of that duty, the damage that has occurred must be reasonable foreseeable. There also must be a common link between the damage that took place and the breach. There must be a duty of care taken place between both parties. Duty of care can link into closeness, proximity and neighbourhood. Proximity is said to be the sense of …show more content…
In result to this the son could not sue because according to contract he did not buy the gun, this was stated in negligence that this type of contract did not exist. Even though the gun was warranted as safe, this was a false statement made knowingly by the seller. The case of Donohue v Stevenson started off as a primary decision in Scottish law. It had made negligence more modern for todays world. In the earlier nineteenth century if there was a person wished to sue another partie they could for negligence but if there was a third party involved who either suffered loss or damage as a result of a breach of contract between the other two parties they could not appear before the court. An example of where these forces have taken action is in Winterbottom v Wright (1842). In this case the Postmaster general had agreed to enter a contract with the plaintiff to drive a mail coach. The defendant has supplied the postmaster general with the coach under the contract that the coach was to be kept in a secure a safe condition. The plaintiff was thrown from his seat as the coach had