Joyce, the ambulance driver ought to have taken reasonable care while driving on the road not to injury anyone on the road or any property. Joyce had the duty of care not to cause any damage to any property that may be near the road due to her negligence. According to Lord Escher, “if anyone is near to another or is near to the property of another, a duty of care lies upon him not to do that which may cause a personal injury to that other or may injure his property. ” One ought to take reasonable care to avoid acts or omissions which you can reasonably foresee that would likely to injure a neighbour.
For this case, the neighbour was Penny and Fancy Fashions Ltd. A relevant case studied in the concept of duty of care is that of Donoghue vs. Stevenson of 1932. “In this case, a man bought a bottle of ginger-beer from a retail shop for his girlfriend. The manufacturer had bottled the substance in opaque bottles, so that its contents could not be seen. When the girl poured the content in the glass, it contained the decomposed remains of a snail. The girl was ill in consequence and sued the manufacturer for damage in tort.
It was held that the defendant was liable as he owed her duty of care to ensure that the bottle should not contain objectionable matter as it did. ” Similarly, Joyce owned duty of care to Jason, Penny and Fancy Fashions Ltd. to ensure he drives the ambulance with reasonable to avoid an accident. If Joyce had exercised a duty of care and ensured that she drove the ambulance keenly, the accident would not have happened, hence, Penny would not have been injured and the Fancy Fashions Ltd. property would not have been destroyed.
On the other hand, on the case that when Penny was admitted to the casualty department for injuries and a nurse administered an anti tetanus injection which resulted to Penny suffering brain damage, the nurse was negligent. The nurse ought to have exercise standard of care by which it determine whether a person has been negligent or not expect from an ordinary prudent man in a particular situation. Being a professional nurse, he ought to have exercised extraordinary care of skill and avoid foreseeable harm to the patient. The nurse ought to have gathered adequate history of the Penny (patient) before he administered any treatment.
Although the rule of res ipsa loquitur would still apply in this issue where the nurse would argue that the incident would still have happened without her negligence. During emergency case like of an accident, the injured people are attended to immediately to save their lives. In most case, some patients are usually unconscious and it is not possible to ask them their medical history however, this should not be an excuse for the nurses to be negligent in their work and use this to escape their misconduct in their duty of work.
For Penny to succeed in the case against the nurse for negligent, she must prove that the incident would have been avoided if the nurse had taken adequate proper care in her duty; that the incident was under the control of the nurse when it took place; and that show reasonable evidence of negligence on the part of the defendant. In dealing with the tort of negligence, we are not concerned with the breach of our moral obligations; their breach does not create any enforceable right in favour of a person who has suffered damage.
For example, failing to render any assistance to a person drowning in a river; but failing to exercise a reasonable standard of care, which may result in injury to a person in injury to a person or to his property, is an actionable wrong. Jason, Penny and Fancy Fashions Ltd. should take charge and sue the concerned parties for damages in tort of negligence.
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