Sunday, December 8, 2013

Torts Research Assignment

I. INTRODUCTION In this paper I lead pop the question sub judice advice for Betty Smith in relation to the conference held world-class appalling 2011 in the specific area of negligence lead. I will outline arguments and defenses available and on the balance of probabilities what ineluctably to be proven in order for her case to be successful. II. PRINCIPLES OF indifference AND TIME LIMITATION In Victoria, negligence is statutorily defined and roll in the hay be describe as failure to exercise valid negociate. The channelize of negligence action is to obtain compensation (or damages) that will maneuver the plaintiff back in the military position that they held preceding to the damage caused by the defendant. In Roads conjunction v Dykes the plaintiff sayed that the Roads Corporation negligence of placing a guiding sign too close to a vicarious road, had caused him to disperse into a tree and sustain substantial injuries. As Bettys case was simi lar, she whitethorn be able to make a claim for negligence under similar grounds. Betty mustiness pass on that the road authority acted negligently causing a causeably predictable non-insignificant risk of harm.
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In order for the claim of negligence to be successful, it must be established that: a)Betty was owed a duty of upkeep by the defendant; b)The duty of care owed was breached; and c)The breach caused the injuries (causation). below the Limitation of Actions Act on that point is a time saltation available for bringing a claim of negligence. Therefore there must be an application make to grant an elongation in order for court ! minutes to begin. The legislation outlines that a claim (for a breach of duty) may not be brought about more than six age from the date of the contingency and it is up to the court to determine whether an extension is granted. Such factors taken into account include: a)Length and reason for the delay; b)If there is a viable case against the defendant; c)The severity of injuries sustained; d)Whether the plaintiff acted promptly and...If you want to shake up a honest essay, order it on our website: OrderCustomPaper.com

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