Irish Law Case Study Example | Topics and Well Written Essays - 2500 words

Irish Law - Case Study Example 3. Did the District Court err in not awarding compensation to the appellant for the injuries suffered by him that turned him in to a paraplegic STATEMENT OF THE FACTS James Naughton lost a significant amount of money at the racetrack seeking solace he went to powers pub were he consumed pints of larger and five double vodkas and redbull. The pub landlord knew him and offered him a lift home he refused (no attempt was made to dissuade him) he then walked the mile to were his car was located. He then drove off in search of more beer he was spotted driving erratically by several pedestrians and he then went to superMacs were he consumed a mighty mac meal. He then drove of to nellanys pub and parked his car directly in front of the premises he was served one beer but was refused anymore frustrated he drove 15 miles were he knew there was more liquor he was driving a short distance were he crashed into a wall his spinal cord was severed and he was rendered a paraplegic as a result of the crash He filed a court action alleging both pubs owed him a duty of care because he was allowed to drive when drunk and was served alcohol when drunk. The second pub Nellanys agreed to a confidential settlement, which cannot be stipulated for legal reasons. The actions against the first pub powers was dismissed on grounds that no legal authority would extend such a duty on publicans. ARGUMENT 1. Negligence has two meanings in law of torts i.e. Negligence as a mode of committing certain torts, e.g., negligently or carelessly committing trespass, nuisance or defamation. In this context it denotes the mental element, and Negligence is also considered as a separate tort. It means a conduct... He filed a court action alleging both pubs owed him a duty of care because he was allowed to drive when drunk and was served alcohol when drunk. The second pub Nellanys agreed to a confidential settlement, which cannot be stipulated for legal reasons. The actions against the first pub powers was dismissed on grounds that no legal authority would extend such a duty on publicans. 1. Negligence has two meanings in law of torts i.e. Negligence as a mode of committing certain torts, e.g., negligently or carelessly committing trespass, nuisance or defamation. In this context it denotes the mental element, and Negligence is also considered as a separate tort. It means a conduct which creates a risk of causing damage, rather than a state of mind. The House of Lords in 'Donoghue v. Stevenson'(1932) A.C. 562 treats negligence, where there is a duty to take care, as specific tort in itself, and not simply as an element is some more complex relationship or in some specialized breach of duty 'Grant v. Australian Knitting Mills(1936)A.C.85'. According to 'Heaven v. Pender' (1883) 11 Q.B.D.