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(Doc) Commercial Law : Assignment

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Added on  2021-06-17

(Doc) Commercial Law : Assignment

   Added on 2021-06-17

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Running head: COMMERCIAL LAWCommercial LawName of the StudentName of the UniversityAuthor Note
(Doc) Commercial Law : Assignment_1
1COMMERCIAL LAWTable of ContentsIssue.................................................................................................................................................2Rule..................................................................................................................................................2Application......................................................................................................................................4Conclusion.......................................................................................................................................5References........................................................................................................................................6
(Doc) Commercial Law : Assignment_2
2COMMERCIAL LAWIssueWhether Peter can make a claim against Wollongong Council for negligence for economic lossRuleIn Donoghue v Stevenson[1932], the court ruled that if an act or omission of a personaffects the wellbeing of another person, the aggrieved person is considered as the neighbor andthe person whose conduct or omission affects is said to owe a duty of care to the aggrievedperson. The negligence tort is the failure of a person to exercise care obligation towards theneighbor as per the neighbor principle established in the Donoghue’s case. The reasonable standard of care that must be exercised is said to be breached when thedefendant could reasonably foresee the injury that the actions of the defendant is likely to cause.The following essential elements of negligence must be satisfied to bring negligence claims.Duty of care- the defendant must owe a care obligation towards the plaintiff and must ensure thatthe reasonable standard of care is maintained by undertaking every possible measure to preventthe harm or injury that is likely to be caused to the plaintiff due to his actions (Epstein andSharkey 2016).Breach of duty of care- The defendant must have contravened the care obligation and havecaused injury to the plaintiff. Causation- the injury caused to the plaintiff was a direct cause of the actions of the defendant. InCork v Kirby Maclean Ltd [1952], the court set out the ‘but for’ test, which determined that, but
(Doc) Commercial Law : Assignment_3

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