Negligence

2035 words 9 pages
| | ASSIGNMENT COVER SHEET(adapted for LAW1100 major essay submission purposes) |

UNITCode: TITLE: | NAME OF STUDENT (PRINT CLEARLY) FAMILY NAME FIRST NAME | STUDENT ID. NO. | NAME OF LECTURER (PRINT CLEARLY) | DUE DATE | Topic of assignment | Group or tutorial (if applicable) | Course | Campus | I certify that the attached assignment is my own work and that any material drawn from other sources has been acknowledged. Copyright in assignments remains my property. I grant permission to the University to make copies of assignments for assessment, review and/or record keeping purposes. I note that the University reserves the right to check my assignment for
…show more content…
Fundamental Intention of the Law towards persons found guilty on negligent Acts will be forced to compensate the ones who have suffered the damages.

The plaintiff needs to prove three conditions on balance of probability against the defendant in order to be successful in a negligence case. They are ; i) Plaintiff must prove that the defendant owed him Duty of Care. ii) Plaintiff must prove that the Defendant did not comply with the required Standard of Care. iii) Damages suffered by the plaintiff were caused as a result of breach of duty of care by the defendant. That is, There should be sufficient connection between the damages suffered and the actions of the defendant.

3.0 DUTY OF CARE TOWARDS NEGLIGENT ACTS

For an act to be considered a Negligent Act, Firstly, the plaintiff must prove on balance of probabilities that the defendant owed him a duty of care. The judge will be provided with the responsibility of identifying whether the defendant owed the plaintiff a duty of care on the cases they are judging. The method used to determine whether the defendant owed duty of care will vary depending on Negligent Acts and Negligent Advices. There are two approaches to determine the existence of duty of care for Negligent Acts.They are; i) Historical Approach ii) Contemporary Approach

3.1 Historical Approach :
This evolved from the Decision given by the House of Lords on the

Related

  • Question 1 a Sydney Tramway Passenger Was Injured in Collision with Another Tram, Which Occurred After the Driver Collapsed at the Controls. the Plaintiff Argued That the Collision Could Have Been Avoided If the Tramway
    1473 words | 6 pages
  • Case Scenarios Bugusa, Inc
    1922 words | 8 pages
  • Appellate Opinion Research Project
    3208 words | 13 pages
  • Tort Law in Construction
    4239 words | 17 pages
  • Business Law
    1346 words | 6 pages
  • Motion for Summary Judgment
    2520 words | 11 pages
  • mgmt 597 course project
    1942 words | 8 pages
  • Negligence in Healtcare Law
    2066 words | 9 pages
  • Notes on Torts, Negligence, and Strict Liability
    2537 words | 11 pages
  • Amputation Mishap; Negligence
    1563 words | 7 pages