- Since this incident occurred due to negligence and no prior contract existed between the plaintiff and the defendant the Law of Tort becomes applicable.
- As per established norms in the Law the plaintiff must be able to prove that
- Defendant owed a duty of care
- Defendant breached that duty
- There was damage as a result
- If the three points are proven by the plaintiff, then following options of defence are open namely any one of the following: Consent, Contributory Negligence, Necessity or Illegality. The Limitation Act (1980) sets a period of ...