A Case Study on Tort Law Assignment

Added on - 29 Nov 2019

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Running head: TORT LAWTort LawName of the StudentName of the UniversityAuthor Note
1TORT LAWTable of ContentsIssue.................................................................................................................................................1Rules................................................................................................................................................1Application......................................................................................................................................3Conclusion.......................................................................................................................................8Reference.........................................................................................................................................9
2TORT LAWIssueAs per the case study the issue has arisen whether Essendon Football Club has been liablefor the health issues which have been suffered by Nathan Howlett-Murray and 3 years olddaughter? Are they breach their duty while the program of administering certain supply ofsupplements which has been held in the supplement program?RulesIn the case study the Essendon Football Club has been held liable for the health issues ofthe participants in the Australian football league season. One of the footballers Nahin Meye hassuffered health issues along with his three-year old daughter due to the supplement programwhich has been arranged by is in the Football Club. It is a case of negligence by the football clubwhere they have failed to satisfy the duty of care and breach their duty towards their footballplayers along with the Nathan and her three years old daughter. The breach of duty of care hasbeen stated in the case ofDonoghue vs. Stevensonwhere the plane team has gone for having abeer along with a friend for the defendant is providing the customer services by serving foods.When the defendant has served a beer bottle to the plant, she has found the compost Snail in thebottle which makes her feels ill due to having some beer. In this case, the plaintiff has claimedcompensation due to the breach of duty of care by the defendant while he is serving thecustomers on duty. Therefore, the service provider has failed to satisfy the terms of duty of careand a breach of duty has occurred in this case. According to the toddler, the negligenceestablishes the terms where the reach of the duty of care occurs and meet damages to theinnocent party. Due to the negligence, any injuries or loss of property or any damage would beoffered by the person who fails to provide the duty of care and which the terms. The law of tort
3TORT LAWas provided the statutory fact for the negligence only establishes where duties of care have failedto perform and the breach has occurred.A breach of duty of care has occurred due to the negligence in the case ofStrong vWoolworths Limited [2012]1where the court has found that the defendant has performed maidagency where the plaintiff has been damaged therefore while providing services to the plenty hehas reached the duty of care.While in a recent caseD'Arcy v The Corporation of the Synod of the Diocese ofBrisbane [2017]2the plaintiff has mentioned in the court that due to the breach of the duty ofcare where he suffered damages and injuries due to the negligence of the duty of care by thedefendant.The Corporation of the Synod of the Diocese of Brisbane v Greenway [20173]isanother case where due to the negligence the defendant has failed to satisfy the plaintiff with theduty of care where the beach has occurred. The plaintiff has claimed the compensation for theinjuries the court has audited for the penalties for breach the duty of care. While in the case ofStokes v House With No Steps [2016]is one of the significant cases of breach of the duty of carewhere the plaintiff has suffered several injuries due to the negligence by the defendant on theworkplace. While the defendant is on the duty of care he has failed to provide appropriate dutytowards a disabled person. Therefore, the plaintiff who is disabled has got injuries by thedefendant before the court has been authored to provide the compensation for the damages of theplaintiff due to the injuries4.1Strong v Woolworths Limited [2012] 246 CLR 1822D'Arcy v The Corporation of the Synod of the Diocese of Brisbane [2017]3The Corporation of the Synod of the Diocese of Brisbane v Greenway [2017]4Foley, M. and Christensen, M., 2016. Negligence and the Duty of Care: A Case Study Discussion. SingaporeNursing Journal, 43(1).
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