A tort is a civil wrong, under common law jurisdiction, which causes a loss or makes someone
suffer a loss or harm which results in a legal liability for the person responsible for the tortuous
act known as a tortfeasor. Crimes may be actionable as torts but the main cause of the legal
action may not be necessarily a crime as the injury or harm may have been due to negligence
which doesn’t amount or result in criminal negligence.
Negligence is a tort that relies on the existence of a breach of a duty of care that’s owed to one
person by the other person. (Donoghue v Stevenson, 1932)
Xavier owes Hiram a duty of care. As a pedestrian walking on the bridge and minding his own
business is, Xavier has a duty of care to fly his aircraft without causing any harm to the other
people in the surrounding environment. Xavier does not owe Sachin any duty of care as he was
not part of the injured party or affected by any harm as a result of the accident. Ruby is not owed
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1Feinman, J. Law 101. New York: Oxford University Press. 2010
any duty of care by Xavier as he was not part of the incident. However he can institute civil
claims against the Airport Authority, Xavier and Helicopter safety board for the tort of
negligence.1 (Feinman, law 10 )
Helicopter Safety initial negative response to the request by Xavier was the right one but after
persuasion from Xavier and most probably Mardy and Grah too consented to the helicopter
flying out in such weather. They were all aware of the dangers involved in the trip and all of
them consented and took the trip. This situation in law is known as the volenti non fit injuria i.e.
it means voluntary assumption of risks.
The chances of proving that all the three victims were not owed any duty of care by the waver of
their right to sue in case of negligence by assuming the voluntary assumption of risks. Helicopter
Safety has very high chances of winning the case.
The law of Tort 3
Glanville Williams , or grounds for lawsuit. Learning the Law. Eleventh Edition. Stevens. 1982. p.
Feinman, J. Law 101. New York: Oxford University Press. 2010.