Law of Negligence and Limitation of Liability Act, 2008
Added on 2020-12-09
9 Pages2786 Words324 Views
LAW OF TORTS
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1ISSUES............................................................................................................................................1RULES/ LAWS...............................................................................................................................2APPLICATION...............................................................................................................................2Law of Negligence and Limitation of Liability Act, 2008:.........................................................3Division 2- duty of care section 8 to 10.......................................................................................3Division 3- Causation section 11 and 12.....................................................................................3Part 5- Personal injury damages section 51 and 61.....................................................................4Civil Liability Act, 2002..............................................................................................................4Donoghue v Stevenson................................................................................................................4Strong v Woolworths...................................................................................................................5CONCLUSION................................................................................................................................5REFERENCES................................................................................................................................7
INTRODUCTIONThe law of Tort is civil wrong and it is consisting of both common law and lesser extent.This has divided into the four elements as tort duty, breach of duty, causation and injury in orderto claim damages. However, the tort is a civil law other than breach of contract. The present case is based on negligence of Bob and Kevin, they fail to demonstrate the kindof care to prudent person and this results serious injury to person from action or inaction. Thus,the present report will look upon activities as to advise parties of their rights and liabilities intort. ISSUESIn present case the issues can be demonstrate as, there was a person whose name is Bob fromNorth south Wales. At time, while he was driving his phone range and he pulled to the side of road so that hecould respond to call. After call he has not seen the both side of road in lane beforedriving. Thus, a incident tool place in that he collided with Laura's and due to it she was forced tothe opposite lane and and that hitting the Meredith's car. Due to it, Meredith has got someserious injuries in his head. However, after the searching and on the basis of evidence it can be proved that Laura wasgoing above the speed limit so she was not having control and didn't get the chance toreact and void the collision with Bob. In this, Meredith and Bob both grievously injured. In this case the negligence was not onthe part of Meredith. He was innocent although get affected by the negligence of Bob andLaura's car.After that day, Kevin a person and he has hosted a small get together party at his own house. Kevin has arranged many activities as egg, and spoon races, three legged race and applebobbing. In this party, the 14 year older son craig of Bob also attended the party and dueto the sweltering heat he was getting so ho so that he has decided to cool off with swim. He took himself to the pool, ran and dived into it. Kevin has carefully measured the levelof water in pool, it was about to 1 meter only. There was no signage that can indicate thedepth of the pool In this way, the crig his his head and due to it he suffered from seriousinjury. 1
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