Business Law Case Study 2022

Running head: BUSINESS LAW
BUSINESS LAW
Name of Student
Name of University
Author Note

BUSINESS LAW1
Introduction
In this case study the main purpose of the Civil Law has been discussed. The
definitions of Tort Law and Negligence have also been provided. The case study also
describes the three elements of the Tort of Negligence that are required for the establishment
of liabilities of the parties, with reference to case authorities. In the next part two of the
articles from the list provided are selected for identifying all the possible defendants and the
plaintiffs to any negligence action in each of the two articles. One of the selected articles is
further selected for discussion for the likeliness of the establishment of the three elements of
negligence. In the final part the consequences or the potential implication of holding the
defendant liable for action in negligence to the society are discussed.
Purpose of Civil Law
The main aim of civil law is to be resolving the disputes between two parties and to
be providing them with compensation in case one of the parties in the dispute has been
injured or suffered loss because of the actions of the other parties (justice.vic, 2019).
Tort Law and Negligence
A tort can be defined as a civil wrong, other than any contract breach. The law of Tort
has been one of the major areas of law in which all the cases in negligence and other wrongs
that are intentional and causes harm have are seen as being included (Deakin and Markesinis,
2019).
The failure of any individual to be exercising proper and due care that can be
expected from any reasonable person is termed as negligence.

BUSINESS LAW2
Elements of Negligence
To establish any action for negligence three elements are required to be fulfilled: duty
of care, breach of duty and causation of harm.
As per the neighbourhood test set out in the landmark case Donoghue v Stevenson any
individual is required to be proving that there was a duty of care owed by the defendant
towards them as expected from any reasonable person.
The second element is finding whether the duty has been breached by the actions of
the defendant as discussed in the judgment of McHale v Watson.
The third and final element for a successful negligence action is the causation of harm
where it is required for determining whether the harm to the plaintiff was caused because of
the conduct of the Defendant. This element was discussed in the landmark case Barnett v
Chelsea Hospital.
Article1-
Family of NSW policewoman who took her own life suing state for millions (ABC News,
2016)
Plaintiffs
The husband of the deceased, Andrew McDonald, on behalf of himself and his children
Defendants
The state of New South Wales and NSW Police Force