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Rights and Liabilities of Parties in Torts Law of Negligence

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Added on  2020-06-04

Rights and Liabilities of Parties in Torts Law of Negligence

   Added on 2020-06-04

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Rights and liabilities of theparties in torts law ofnegligence.
Rights and Liabilities of Parties in Torts Law of Negligence_1
Table of ContentsINTRODUCTION...........................................................................................................................1ISSUES RELATED TO THE CASE ..............................................................................................1RULES RELATED TO THE CASE ..............................................................................................2Application of Rules .......................................................................................................................3Conclusion ......................................................................................................................................4REFERENCES................................................................................................................................5
Rights and Liabilities of Parties in Torts Law of Negligence_2
INTRODUCTIONLaw is the structure which is developed with various regulations and rules with regard tocommercial operations and transactions. In simple words, it can be portrayed as people orindividuals breaking any law or rule set by the legislation of the country is subject to liability orpunishment. Australian legal structure is very well structured with respect to the laws and rightsof people. This report is in context to Tort Law, according to law jurisdictions Tort is a civilworking that causes somebody else to suffer or harm unfairly, which result in legal liability forthe individual who commits the act of Tort. Crimes can be Tort but the cause of legal action isnot necessarily a crime as it may be because of negligence. This report will identify issues, rules,application and conclusion of rights as well as liabilities of parties in Torts Law of Negligencewith regard to the scenario provided. ISSUES RELATED TO THE CASE Issues 1 - Major issue in the present scenario is an act of negligence which became aharm to others. The negligence is a failure to practice appropriate or ethical ruled carethat is expected to be exercised within specified conditions or circumstances. The area ofTort law is called as negligence which consists of harms caused by failing to an act as aform of carelessness due to some circumstances or situations.1 The main concept ofnegligence is that individuals should take effective care in their actions while consideringthe potential harm that actions may cause to other property or people. In the scenario,Kate was the person who act carelessly or show negligence. Due to the excitement ofmeeting her mother who was returning after 12 months, Kate reacted irresponsibly whiledriving. She got distracted and drove through the intersection containing a clear STOPsign which is a warning board and legal rule of the roads. This was a clear Tort ofNegligence. Kate did not check whether the intersection was clear and this resulted in anaccident with Randall's car who was driving properly.2Issues 2 - Kevin who went to help Randall was also hit by a lady named Rebecca whowas driving a motorbike. Kevin was also harmed due to a brain injury caused by fallingon the road. But as per the scenario, Rebecca got a heart attack and that was the reason1(Roy and Althaf,2016)2(Epstein and Catherine,2016)1
Rights and Liabilities of Parties in Torts Law of Negligence_3

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