Legal studies is branched into many different sectors. One of the fundamental legal topics is tort law. Tort law is known as the law that corrects civil wrongs. There are many types of torts, including trespass, negligence, and property torts. Victims of crime have the right to seek remedies, damages and injunctions. This essay will examine a case where the issues at issue are primarily negligence and liability of the occupier. Facts of the Case: A family on a picnic on a remote, deserted government property loses their daughter when she falls into a well. The well was drilled by a licensed farmer who was asked to stop work shortly after. Who is responsible for the death of the 6 year old girl? And what actions can his family take to receive compensation? These are all questions that will need to be answered depending on the case in question. To begin with, Sir Percy Winfield suggested that someone would commit the tort of negligence if they breached a legal duty of care through an inadvertent act or omission. (Winfield 1926, 184) It focuses more on what one did or did not do rather than the harm caused. To establish the duty of care, it is necessary to prove a breach of duty which caused damage, in this way the defendant will be considered responsible. There are many tests demonstrating dereliction of duty, including the Heaven v Pender test (1883) or the Caparo test (1990). There are 3 things that must be proven: reasonable foresight of danger, proximity and fairness. In our case, the parents failed in their duty of care by leaving their child to wander alone in a deserted country without adult supervision. The government, on the other hand, should have foreseen the danger by allowing farmers to drill ...... middle of paper ...... law. First, the government is considered responsible because it failed to monitor and warn the population of the danger. Second, the farmer is liable because he once again recklessly covered the well, without considering the danger he created and which any reasonable person would have foreseen. In conclusion, both the government and the farmer are responsible for the girl's death. In effect, tort law determines and corrects a person's legal rights against others. Negligence is an important area of ​​tort law and most people tend to seek damages, including money. We all have duties towards certain people and things, which is why we must always be aware of our actions and our rights. The simplest wrong can put a person in a bad situation. However, the law will always be there to protect everyone's rights. Therefore, everyone must be aware of their rights.