Tort Law Case Study 2022

Running Head: TORT LAW 0
CASE STUDY
AUSTRALIA
[DATE]
[COMPANY NAME]
[Company address]

TORT LAW 1
Introduction
All the essential information relating to the civil laws will be demonstrated along with the
understandings of the tort law which is considered as one of the essential part of the civil laws in
Australia. Basically this report will be comprised up of the matters relating to the negligence and
all the essential elements required to satisfy it. The above terms will be demonstrated by using
two articles those are Article 1 Death in custody: police failed to see Indigenous man no longer
needed restraining, coroner says and Article 2 ‘Without warning’: Toddler mauled by dangerous
dog during daycare outing in Melbourne’s suburbs.
Understandings of contract as well as tort laws
The basic intention or the purpose of the civil laws are safeguarding the private rights of the
human beings and also offer them legal remedies which could be attained in a dispute. These
laws were firstly developed in Rome, here many theories were used for implementing the code.
Later it got popularized in all over the world, as was highly adopted by the government of the
various countries. (Ferrara, 2016).Thus providing the redress or the compensation to the person
with whom the wrong is done by the offender, rather than punishing them. Cases of civil laws
are basically divided into four major categories where each covers a range of issue and those are
firstly contract law, tort law, property law and lastly family law (Lockhart, , et al., 2014).
Tort law is considered as one of the important part of civil law. It is basically concerned with
personal injury as well as the civil wrongdoings. Thus a tort could be determined as a civil error,
which is conducted by a person or the entity to that of another and this can also result in injury or
damage to the person or property and thus helps to provide pecuniary recompense to injured
party. Tort can be further divided into three categories i.e. negligence, intentional tort and strict
liability (Stewart, & Stuhmcke, 2017).

TORT LAW 2
Negligence is determined as inadvertent tort and it can again be divided into four elements
basically and those are firstly duty i.e. reasonable manner must be taken into considerations
while doing an act. Second one is violation of duty, i.e. the offender fails to do its activity in a
reasonable manner. Third one is causation i.e. because of the break of obligation by the litigant, a
specific kind of misfortune or damage more likely than not jumped out at the offended party. The
last one is the harms which might be fiscal, property or some other (Ferrara, 2016).
The plaintiff and the defendant in the two chosen articles are as follows:
Article 1 Plaintiff(s Shaun Coolwell
Defendant(s) Queensland police and paramedics (news, 2019).
Article 2 Plaintiff(s) Daphne Demirkol
Defendant(s) Teachers of early learning center of Melbourne’s suburbs, a women with two dogs
(Carlton, 2019).
Under Article 2 the women who was carrying two dogs would be held more of liable for the
injury or the damage so been caused to plaintiff i.e. Daphne Demirkol a three year old girl
(Carlton, 2019).
1st element i.e. the carrying duty which was remaining with the defendant, similar facts were seen
in the very important case of Donoghue v Stevenson (1932) AC 562, 580 it was determined by
Lord Atkin that neighbor principle can be used to provide the base upon which the question
regarding the resolution of the question of duty of care can be based upon. Similarly in this
article this test can be used to determine the lady who was carrying two dogs to owe a duty
towards the children who were playing that her dogs were dangerous and can harm them. But
this duty was breached by her (news, 2019).