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The Forms And Functions Of Tort Law

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Questions: 1. Assume that you are a legal adviser and Tom has described the events leading to the damage to his property, would you advise him to take a civil or criminal action against James? Explain why you have chosen this type of action.2. What cause of action would you advise Tom to take against James? State the name of the case that this cause of action originated from and provide its reference.3. List the elements of the cause of action that Tom would need to prove in order to succeed. Apply the elements of this cause of action to the facts.4. What is the likely outcome for Tom of a successful action against James?     Answers: 1. In the given circumstances, Tom can take civil legal actions against his neighbor James on the ground of Tort of Negligence. Under the English common law and the Australian legal regulations, negligence is an act of failure to exercise reasonable care under given circumstances. The Tort law can be applied in cases where the acts of carelessness by the individual have caused monetary of physical damage to the claimant. Tom in this context can file a suit against the defendant James on the grounds of Intentional damage to economic interests, which is a part of the Tort Law of Australia (Goldberg, Sebok & Zipursky, 2012). 2. On providing sufficient proves of the above three elements, Tom can claim both civil claims as well as criminal claims. Under the Tort of negligence Tom can claim for penalty and compensation for the damages caused to his car. Under the criminal claims however the defendant may also secure a prison sentence as a penalty. However since Tom has no suffered from any actual physical harm as per the Common Tort Law, hence he can only claim for civil actions against the defendant (Bermingham & Brennan, 2012). The case of  Donoghue v Stevenson [1932] AC 562 illustrates the law of negligence. The case focused on the negligence of duty on the part of a café owner bought in by the claimant Mrs. Donoghue. The claimant found a part of a snail immersed within the beer that she had ordered in a café. She filed a suit against the café owner claiming breach of duty of care. This case gave rise to the modern law of negligence stating that every individual should love their neighbor and must not injure the neighbor intentionally or unintentionally.   3. The major elements that Tom needs to prove in order to avail the tort of negligence are namely
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