Assignment on Law Negligence
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Added on 2020-04-07
Assignment on Law Negligence
Added on 2020-04-07
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Running head: LAW ASSIGNMENTLaw AssignmentName of the StudentName of the UniversityAuthor Note
1LAW ASSIGNMENTTable of ContentsQuestion 1........................................................................................................................................2Issue.............................................................................................................................................2Law..............................................................................................................................................2Application..................................................................................................................................4Conclusion...................................................................................................................................6Question 2........................................................................................................................................6Issue.............................................................................................................................................6Law..............................................................................................................................................6Application..................................................................................................................................8Conclusion.................................................................................................................................10Reference list.................................................................................................................................11
2LAW ASSIGNMENTQuestion 1IssueAre the 150 music fans liable to being claim under negligence against BizCorpz?Is Chris liable to bring a claim against BizCorpz for negligence?LawNegligence is the most common tort which arises when a person causes harm to anotherperson owing to the carelessness of the person causing such harm1. After the reforms in civilliability, the law related to negligence is governed by both the Common law and statutorylegislations. Under the Common Law, in order to establish a claim of negligence, the aggrievedparty is required to prove the following essential elements:the defendant owed a duty of care towards the plaintiff;the defendant committed a breach of such duty of care;the breach has resulted in damages suffered by the plaintiff; the harm caused to the plaintiff was reasonable foreseeable by the plaintiff;Duty of care- the principle of duty of care was established in the case of Donoghue v Stevenson[1932]2, where the ‘neighbor principle’ was introduced for the first time. The rule states that onemust love his neighbor and must take reasonable care to prevent acts or omissions that isreasonably foreseeable to cause any injury to his neighbor3. The term ‘neighbor’ refers to anyperson who is directly affected by the acts of the defendant. Breach of duty of care- after it is established that the defendant owed a duty of care towards theplaintiff. It is important to establish that the defendant has breached the duty of care. It cannot beassumed that since a person owes a duty of care, he has committed a breach of such duty.1Levy, Neil M., Michael M. Golden, and Leonard Sacks. Comparative Negligence, Assumption of the Risk, andRelated Defenses. Vol. 1. California Torts, 2016.2 [1932] AC 562.3Spamann, Holger. "Monetary Liability for Breach of the Duty of Care?."Journal of Legal Analysis(2016): law009.
3LAW ASSIGNMENTAccording to section 9 of the Civil Liability Act 2003 (Qld), a person is said to commit a breachof duty if:the person could reasonably foresee the risk;the risks was not significant;any reasonable person would have taken precautions to avert the risks if he was in theposition of the defendant;Similarly, under the Common Law, in order to claim that the defendant has violated his dutyof care, it is necessary to establish that the defendant had failed to avert the risks what anyreasonable person would have done in the same position under same circumstances4. Causation- the plaintiff must prove that the breach has caused harm to the plaintiff and suchharm was reasonably foreseeable by the defendant but the defendant failed to aver such harm.The causation is decided by applying the ‘but for’ test as was held in the Barnett v Chelsea &Kensington Hospital [1969]5. It implies that the risk was reasonably foreseeable but for thenegligence of the defendant, the risk could not be avoided. According to section 11 of the CivilLiability Act 2003 (Qld), the plaintiff is required to establish that the breach of duty was anecessary condition of the harm that was caused to the plaintiff6.Damages- the plaintiff must establish that the damage was a result of the breach of the duty ofcare on part of the defendant and although the risk was foreseeable, the defendant failed to avertthe risk, which directly caused damages to the plaintiff as was observed in Wagon Bound no 1[1961]7. The actual harm must have been caused by the defendant’s action or omission owing tothe reasonably foreseeable consequence of the breach of the defendant. DefensesHowever, even after the plaintiff succeeds in establishing the essential elements to bring aclaim against the defendant, the defendant might be able to minimize or avert the liability ofnegligence. In order to reduce or exempt from the claims of negligence, the defendant mustprove the existence of one or more of the following defenses:4 Velasco, Julian. "A Defense of the Corporate Law Duty of Care." (2014).5 [1969] 1 QB 428.6 Civil Liability Act 2003 (Qld) (section 11).7 [1961] AC 388.
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