Contract law Sample Assignment

   

Added on  2021-05-31

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Running head: CONTRACT LAWCONTRACT LAWName of the StudentName of the UniversityAuthor Note
Contract law Sample Assignment_1
1CONTRACT LAWAnswer for Issue 1IssueThe issue here is to determine if Billy jean acted negligently in performing her dutiesunder the construction contract.RuleAustralia incorporates common law principles into their legal framework. Common lawprinciples are developed through judicial pronouncements in the United Kingdom and these thushave precedential value and are binding on legal disputes within the Australian commonwealth.As per common law, in order to establish an action for negligence the following four elementsmust be proved:Duty of care: This means that the defendant owed a duty of care to the plaintiff. This wasestablished by the case Donoghue v Stevenson[1932] UKHL 100which laid down the faultprinciple1. In recent times however the test for a duty of care is three fold which considers if sucha duty is reasonably foreseeable, the existence of a proximate relationship between the plaintiffand the defendant and the fairness and reasonableness to impose liability for the same. This waslaid down in Caparo Industries PLC v Dickman[1990] UKHL 22.Breach of the duty: As established by the case Wyong Shire Council v Shirt[1980] HCA 12 itis evident that an action for negligence would need to establish a breach of the duty of care3. Thisbreach is by knowingly exposing the plaintiff to a substantial loss/injury. It can also be1Todd, Jeff. "The Poetics and Ethics of Negligence."Cal. WL Rev.50 (2013): 75.2Smith, Catherine E. "Looking to Torts: Exploring the Risks of Workplace Discrimination."Ohio St. LJ75 (2014):1207.3Corbett, John. "Torts-Doctrine of Strict Liability Meets a Comparative Negligence Statute."DePaul LawReview17.3 (2015): 614.
Contract law Sample Assignment_2
2CONTRACT LAWestablished if the defendant is unaware of exposing the plaintiff to a substantial loss or injurywhen a reasonable person would have been aware of such a loss or injury.Causation: Any loss or injury that the plaintiff is subject to must have been caused by an act oromission. For an action for negligence the plaintiff must establish that the cause of the loss orinjury was an act or omission by the defendant which breached the duty of care. This has beenestablished in Tubemakers of Australia Ltd v Fernandez(1976) 10ALR303and thus it must beestablished that it was the breach of a duty of care by the defendant that lead to the loss or injurysuffered by the plaintiff4. The test for the same is the “but for” test which states that if thedamage was caused solely due to the act or omission of the defendant then causation can beinferred. This means that in the absence of the act or omission by the defendant the injury or losswould not have occurred. This has been followed in Adeels Palace Pty Ltd v Moubarak; AdeelsPalace Pty Ltd v BouNajem[2009] HCA 485.Injury: The plaintiff, along with establishing a duty and the breach of such a duty must alsoestablish that the resulting breach lead to pecuniary injuries for the plaintiff. In such a situationthe plaintiff would be entitled to damages for such an injury caused by the negligent act oromission of the plaintiff. This principle has been established in Constantine v Imperial HotelsLtd[1944] KB 693..ApplicationUnder the given set of circumstances we see that Billy Jean was contracted in thecapacity of a builder to construct a residential and commercial complex. As an independent4Baumann, Florian, and Klaus Heine."Innovation, tort law, and competition."Journal of Institutional andTheoretical Economics JITE169.4 (2013): 703-719.5Stevenson, David G., Matthew J. Spittal, and David M. Studdert. "Does litigation increase or decrease health carequality? A national study of negligence claims against nursing homes."Medical care51.5 (2013): 430.
Contract law Sample Assignment_3

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