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Assignment on Negligence Law

   

Added on  2020-04-21

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Running head: NEGLIGENCE LAWDefendant’s contentionName of the student:Name of the university:Author note
Assignment on Negligence Law_1

1NEGLIGENCE LAWConsidering the pleas of the plaintiff, it has been observed that the present caseis based on the law of negligence, particularly part of the Tort law (Foley & Christensen,2016). Plaintiff had made certain claims in his plaint and asked for damage from the presentdefendant. The defendant is accepting the contention made by the plaintiff in paragraphnumber 1, 2 and 3 of the plaint. Defendant had no knowledge regarding the truthfulness ofthe statement mentioned in point number 4. It has been mentioned by the plaintiff that a partyand it is not possible for defendant to keep an eye on every invitee. It is an admitted fact bythe defendant that injury has been sustained to the plaintiff. However, it is denied thatdefendant is liable for that and as plaintiff was also get shock, therefore, it can be stated thatthe happening was not foreseeable. It can be stated that the allegations made by the plaintiffwere insignificant in nature. Regarding the contention made in point number 6, defendantaccepts that he owed a duty to the plaintiff, but the injuries sustained by the plaintiff were notthe fault of the defendant and he personally was not liable for that. Regarding the point 7, itcan be said that the principle of contributory negligence will apply in this case, as plaintiffwas also consumed alcohol having the knowledge of risk (Barry, 2017). Therefore, based onthe provision of section 5B (1) of the Civil Liability Act 2000 (NSW), it can be said thatdefendant is not liable for the negligence.
Assignment on Negligence Law_2

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