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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...
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...
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...
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...
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 ...
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 ...
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...
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...
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...
