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Course Code:BUS503
Published on: 14-07-2022

The Legal Principles of NegligenceKeith and Ruth are the two parties who are involved in the case. It is because of Keith’s negligent actions that damages are suffered by Ruth. So, the plaintiff/aggrieved in the given scenario is Ruth and the defendant/culprit is Keith. Ruth should bring legal proceedings against Keith for his negligent actions. In order to prove that Keith is negligent, Ruth must prove that Keith is under legal duty t...

Course Code:BUSN331
Published on: 28-07-2021

Example 1: Delivery Driver Hits Pedestrian at IntersectionWhether the delivery driver liable to the pedestrian for the injuries caused to him? The common law of tort signifies that the defendant is answerable for all those injuries which are caused to the plaintiff because of the acts of the defendant. The liability arose because the defendant is under the duty to provide care against his actions to the plaintiff and because of his breach s...

Course Code:LAW 1100
Published on: 17-12-2020

What Jean needs to EstablishIn a bid to succeed in an action against East End Four Corners Supermarket, Jean has to prove that the slipping and falling was a result of negligence on the part of the store manager, the employees or the supermarket. The question with this regard is whether an extra caution on the part of the property owners would have avoided the accident (Gibson, 2010). In a bid to prove this, only one of the following need...

Course Code:BO1BLAW204
Published on: 03-12-2020

Elements of Negligence Torts Whether a successful suit for negligence can be filed by Cliff and Mary against Susan to enforce her to pay for the loss which they suffered due to Benji? Whether any defences are available for Susan against the suit for negligence? Negligence torts are not defined as deliberated actions; instead, they are referred to the failure of an individual or entity act reasonably towards another person to whom a duty...

Course Code:UTS 16467
Published on: 25-10-2020

Basic Elements of Negligence in Tort LawThe issue related to this scenario is whether a cause of action will be maintained in the tort of negligence against Billy Jean for the latent defects in Petersberg Dreaming. As per the Law of negligence, there are a few existing elements that results in the cause of action. The term negligence refers to a situation when due to the activities of an individual, damage or injury is caused to another per...

Course Code:LEGL 210
Published on: 18-03-2020

Transporting an Inmate Without Restraints: Breach of Duty of CareIn order to prove that transporting the inmate Zane unrestrained was an act of negligence from the side of the correctional service it is important to establish the facts that: The inmate was dangerous in nature. The inmate has had history of violent crime in the past. He or she is considered to be a threat regarding injury and damage to property. The case clearly shows...

Course Code:LAW504
Published on: 18-01-2020

Duty of Care and Liability in NegligenceIn the given scenario, due to the negligence of Sam, three aircraft suffered from losses. All these three crafts faced different situations and losses. Now the issue is to check whether Sam is liable towards all the three defendants or not? Moreover, if yes then what kind of liability? Tort is a very significant type of common Law. Under Tort law, a person owns a duty of care towards another person (e...

Published on: 26-03-2019

Background on the Case Question: Discuss about the Risk and Due Diligence Employment. Castro was a worker working on a site for approximately two weeks. He was not the member of the team working in the site and was engaged in moving very heavy oxygen cylinders (about 146 lbs) needed on the sites. These very heavy oxygen cylinders needed to be carried from a place, which was 20-30 yards away from the site. The nature of the site did not permit ...

Published on: 22-01-2019

Negligence in Tort Law Question: Discuss About The Applying Perspectives To Complex Dilemmas? An ordinary person has certain reciprocal duties that he has to perform. When he fails to perform the same, he is stated to do negligent act. In Australia, negligence is a part of the Tort Law (Martin 2016). One of the most marketing cases on the negligence is Donoghue v Stevenson where the essential elements of negligence have been described. It has ...

Course Code:BUSN1101
Published on: 31-12-2018

Legal Rights and Liability for NegligenceQuestions:1.Advise Thomas, Fatima, Tony and Jack of any rights they may have in this situation and if Mark will be liable under the Tort of Negligence ONLY, giving full legal authority for your answers.   2.Discuss if Jackson or anyone who is affected by the 5-year ban can bring an action for the economic loss suffered against Lipton Pty Ltd; and if they will be successful in such an action. W...

Published on: 24-09-2018

Elements of NegligenceDiscuss about the Negligence and Damages Injury. Negligence is considered as a tort law in Australia and is considered as a civil wrong carried on. An incident of negligence occurs, when an individual ‘A’ owes a duty of care towards individual ‘B’ and while carrying out certain task or activity, the duty owed by A to B is breached, as a result of which, B is injured or harmed (Legal Servic...

Published on: 24-08-2018

Facts of the Case Discuss about the Business Law for Case Analysis. Negligence depicts the breach of duty of care on part of an individual, which they owed to some other person (Bailey, 2016). One of the crucial elements in establishing a case of negligence is foreseeability of the risk of harm or injury. In case a loss is caused, which was not foreseeable in a particular case, remedies cannot be awarded for the same as a result of the un...

Course Code:BLDG2012
Published on: 13-07-2018

What is Negligence?Question:What this Case Teaches About the Issues Considered?In the case of Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 (8 October 2014), a claim of negligence owing to pure economic loss was pursued by Owners Corporation against Brookfield Multiplex Ltd. Through this case, a much awaited decision of the High Court relating to whether or not a duty of care was owed to the subsequent owner by th...

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