Negligence per se
The damages might be the same if awarded but it seems Tort is usually the body of law that we utilise to address duties, harm and loss when there is no evident written agreement between the parties.Gorris involved a shipment of sheep that was washed overboard but would not have been washed overboard had the shipowner complied with the regulations established pursuant to the Contagious Diseases (Animals) Act 1869, which required that livestock be transported in pens to segregate potentially-infected animal populations from uninfected ones.Chief Baron Fitzroy Kelly held that as the statute was intended to prevent the spread of disease, rather than the loss of livestock in transit, the plaintiff could not claim negligence per se.Within the law of negligence there has been a move away from strict liability (as typified by Re Polemis) to a standard of reasonable care (as seen in Donoghue v Stevenson, The Wagon Mound (No.In this light, "negligence per se" may be criticised as running counter to the general tendency.