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Report on Negligence Law : Case Study

   

Added on  2020-06-06

7 Pages1938 Words119 Views
Negligence - Problemquestion (Enterprise Lawsubject)

TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1Main body........................................................................................................................................1CONCLUSION................................................................................................................................4REFERENCES................................................................................................................................5

INTRODUCTIONNegligence law of Australia provides protection to parties which were injured by thenegligence on the part of defendant. Present report deals with case study of Mary who is plaintiffand Joyce who is a doctor and defendant. Thus, the report highlights rights of injured party andhow it can sue case on person who has caused harm. Various principles of law of negligence inthe context of Australia are discussed. Main bodyLaw of negligence is one of the important law of Australia. It provides protection to theplaintiff when any incident has happened and defendant is liable for the same. The law providescertain rights of plaintiff and liabilities of defendant when giving services in any business. Casestudy highlights Mary who is a matured university student nodded off to sleep on one of thebooked seats of other students. These college students were Charlotte and Louise and she wokeup hearing announcement of train at Parramatta Station and jerked to get off the train. In thisevent, she falls over Charlotte’s bag and landed over mouth injury (Barry, 2017).Moreover, Mary was admitted to hospital to fight with her injury and doctor askedwhether she is allergic to any of the drugs. Mary told that she was allergic to penicillin. But theattending doctor was engaged over other things and did not notice what student had told to him.This negligence of Joyce (doctor) has caused health problems such as dizziness, breathingproblem and cramps in stomach. This was happened to her as she was prescribed with drugcontaining penicillin in it which caused serious allergic reactions to her. On the basis of this, lawof negligence can be highlighted to provide patients due care from doctors. The basic lawproblem is enumerated as below and Mary has to prove following three elements to establish theliability to Joyce-Duty of carePlaintiff is required to give full protection by the defendant while giving services. In thecase study, defendant is Joyce who without considering allergic reaction of penicillin prescribedthe drug to Mary who is plaintiff and as such, Mary can sue Joyce for claiming compensation forhealth problems she had faced because of negligence of doctor. Duty of care means that in orderto establish defendant who owes a duty of care to injured party must show reasonablyforeseeable that failure to provide due care to plaintiff may cause harm to her quite adversely(Smith and Carver, 2018). This is evident from the fact that Joyce owes duty of care to plaintiff1

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