Torts Law Essay Example | Topics and Well Written Essays - 2000 words

Torts Law - Essay Example condition of the fishing equipment, the service provider brushed it aside in a casual manner saying no untoward incident had happened in the past 25 years generally without paying attention to the particular boat and equipment. It is not the case of the service provider that even if the fishing equipment had been in good condition, the accident could not have been averted given the fact hooking of such a huge fish is capable of leading to such an eventuality as not a foreseeable risk and presence of tuna fish in that coastal area is a rare phenomenon. Hence the Family Friendly Vessel’s owner is clearly responsible for the injuries suffered by Mickey’s wife June and his daughter Gina. Lord Atkin in Donoghue v Stevenson1 (1932) laid down that in tortious liability due to negligence, the above requirements of duty of care, breach of that duty and loss and damage due to that breach should be met. In fact Donoghue case gives liberty to proceed against those who are not privy to the contract unlike in the present case wherein there was definitely a contract that existed between Family Friendly Fishing and the Mickey family. Hence it is all the more appropriate to hold the vessel owner directly liable to June and Gina for loss they have suffered. This principle laid down in Donohue v Stevenson was adopted in Australia in Grant v Australian Knitting Mills and Another.2, though both were from the House of Lords. The Family Friendly Fishing can not avoid the damages under the pretext of the inherent risk involved in such dangerous sports because, but for the defect this mishap would not have occurred. The res ipsa loquitur doctrine can not come to the rescue of Family Friendly Fishing. The doctrine is understood as â€Å"Control [by the defendant manufacturer] during the process of manufacture was sufficient, once the plaintiff has eliminated himself and other extraneous forces as likely causes of the injury†3 They had the duty of