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Case Note on ABC v Lenah Game Meats Pty Ltd

   

Added on  2020-06-06

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CASENOTEON ABC V LENAH GAME MEATS PTY LTD[2001] HCA 631

TABLEOF CONTENTSIntroduction......................................................................................................................................3Tort law............................................................................................................................................3Case of ABC v Lenah Game Meats Pty Ltd [2001] HCA 63..........................................................4Judicial reasoning in the case..........................................................................................................5Conclusion.......................................................................................................................................9References......................................................................................................................................102

INTRODUCTIONTort is a legal term that describes the violation of one person’s duty in an agreement. Theviolation may occur in the form of damage, injury and harm to another person entered in thecontract. The present research study has been made on case of ABC v Lenah Game Meats PtyLtd [2001] HCA 63 and in the study discussion has also been included about judicial reasoningpresented in the case. Specifying about the case, it can be said that the respondent was successfulin acquiring an injection against the plaintiffs through publishing a film which displays possumsthat is being astounded at a yard. TORTLAWTort is an action that is committed from intentional actions and it is also considered as abreach of duty in negligence. Thus, most often it is regarded as violation of statutes. Accordingto the general terms, the party that commits the tort is known as tortfeasor which incurs tortliability and that also means that the party has to reimburse all the losses and injuries which arecaused by them. In other words the tortfeasor is also considered as liable when for anotherperson’s injuries; hence the amount of damages is required to be paid accordingly1. Therefore, itis clear that tort liability is the situation that involves many factors; hence tortfeasor may becomeliable to varied victims if causing injury to any person or group. At the same time, victim canalso incur the liability through contributing to their own injury by segregating the actions oftortfeasor2. Typically, an intentional tort is known as a civil wrong activity that occurs especially atthe time when the party intentionally occurs in the act of tort. This may also be called as anegligent act wherein careless action results in damage to another party. Generally, liability1Stewart, Daniel. "Protecting Privacy, Property, and Possums: Australian BroadcastingCorporation v. Lenah Game Meats Pty. Ltd."Fed. L. Rev.30 (2002): 177.2Pelletier, Robert. "A new tort of privacy: we should be able to sue."Law SocietyJournal: the official journal of the Law Society of New South Wales46, no. 11 (2008):58.3

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