Issues: In fact is that the claimant ask for advice about her decomposed slug which she found in the sandwich bought from a local cafe. The local run a business in the local side.It is not clear how long he does it? Since she (claimant) found a decomposed slug she shall have a right to claim against the cafe owner. Whether she will bring an action under tort law or contract law ? The cafe owner sells sandwich to the customer. As a food shop he should concern about food because it is relevant to health and ultimately life. It can be said that the owner has a duty of care and finally negligence. The claimant can take an action against him under the tort law.
Rules: To make a legal research, it is necessay that what legal rules would be applicable on the perspective of such problem. In this case the claimant (she) can claim against the cafe owner as to negligence and duty of care.
Appcation: In the following problem, negligence and duty of care are noticed behind the sale of sandwich to the customer. If the definition of negligence and duty of care are are produced the application of law concerning to this probem would be much more clear.
Negligence: Negligence is a defection of taking reasonable care to to avoid causing injury or lass to another person.
There are some elements of negligence:- There must be a situation to take duty of care; The attitude of the wrongdoer in this situation did not maintain the standard of care; The claimant has to fall on a loss either physically of in otherwise which could be desired for foresee; The desired damage was caused by the breach of duty.
In the following conditions any problem are required to meet the negligence.
Duty of Care:- A necessary requirement that a person acts toward others and the public with concentration on the reasonable causes which an individual meet this standared of care.
Case Law : Donoghue v Stevenson (1932) In this case, negligence and duty of care is clearly discussed. N this case Lord Atkin's described that negligence is a seperate tort.
Relevant Law: Jolley v Sutton LBC (1998) HL
Blyth v Birmingham Waterworks (1856)
Following the the Lord Baron Anderson define the negligence that