The Law of Negligence Essay Example | Topics and Well Written Essays - 1250 words

The Law of Negligence - Essay Example Andrea and Sella often work together. They have both received training which stresses the need to deal with.cases of suspected child abuse with sensitivity, and to be alert to the fact that sexually abused children often show no physical signs of maltreatment. However, they both have very heavy caseloads, as their respective offices are understaffed due to budgetary constraints. Hence they agree between themselves that they will only spend time on cases involving children who display obvious physical signs of abuse. Andrea and Sella keep no notes of the interview, which lasts fifteen minutes. During the course of the interview, Louisa tells them that the games she plays with her father are secret and naughty. However, Louisa gives the appearance of being a happy child who is in good health. Andrea and Sella therefore tell Sandra that they see no reason to take things any further. When she remonstrates with them, Sella tells her that she is being typically hysterical and unreasonable - like all Italians - you just dont understand our culture. Three weeks later, Michael is arrested for raping Louisa and breaking her arm. He is subsequently convicted and sentenced to a term of imprisonment. The staring point is to discuss the basic tenets of the law of negligence. The test for negligence was first established in the case of Donoghue v Stevenson1 which marked the advent of the neighbour test2. The general principle established in this case was that ‘you must not injure your neighbour’. Under the neighbour test all persons have a duty conferred on them to take reasonable care to avoid acts or omissions which that person ought to reasonably foresee might cause harm to another. Â