Tort Law: Legal Advice for Belle and Stella

This report provides legal advice to Belle and Stella, who have faced an accident in a beer garden. It discusses the different tort laws that can be applied to their case and provides recommendations for claiming compensation.

Tort Law

Contents
INTRODUCTION...........................................................................................................................3
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Tort is considered as common law jurisdiction is a civil wrong that can cause a claimant
to suffer harm and loss, it is resulting in legal liability for the person who admits a tortious act.
There are different type of cases can be considered in the tort Law which are- emotional distress,
negligence, injuries, financial losses, invasions in privacy and some other things are considered
under the tort Law. This report is providing legal advice to Belle and Stella who have faced
accident in beer garden on 14 march 2020. In this report proper legal advice will be provided to
both people Stella and Belle (Deakin and Markesinis, 2019). Different sanctions that can be used
for particular sanction under the tort will be effectively explained in the report. the legal issues
will be reflected effectively in the report that are faced by both people in the accident. Proper
summary of the legal issue will be discussed in the report. Legal principles and facts in the case
will be analysed and evaluated in report to provide better legal advice to Belle and Stella.
As per the case study there are different tort Laws can be considered to claim
compensation from the show organizers and managers who were managing the event on 14
march 2020. According to the case study Stella has many times made complaint to the Mr Bright
regarding the condition of the stage and possible challenges they might face while performing on
the stage. From the case it can be considered that the first legal issue that can be considered for
the both Stella and Belle is Duty of care act that comes in the Division 2 of the Civil Liability
Act 2002.
Duty of Care Act
In duty of care act various considerations can be made under the Law that can be used to
develop strong base for Stella and Belle. There are different cases are involved in division 2 of
the Civil Liability Act 2002. In the first condition where any accident occurred due to the fault or
failing to take precautions against any risk of harm. This division of Civil Liability act ca be
considered for both victims in the case study. Some of the general consideration of the Duty Care
Act are-
The person is not liable for harm cause by fault of other person in failing to take proper
precautions against the risk that can cause harm to other people. In this condition there are some
considerations also need to made that if the risk is foreseeable means person who failed to meet

their responsibility after knowing about particular risk, risk was not significant, in the condition
where reasonable person have taken proper precautions to avoid risk.
In the process of determining weather the responsible person would have taken proper
precautions for particular risk of harm or injury then court can consider various things as- that
harm probably occur if proper measures are not taken, the serious ness of the harm, the cost of
taking precautions in order to avoid risk of harm, social utility of the particular activity that can
create the risk of probable harm.
As per the case of Stella and Belle People like Mr Bright was informed about the
condition of the condition of stage and possible risk associated with it (Wright, 2017). This can
lead to strong case against MR Bright as per the Tort Law under Division 2 Duty of Care.
From the Case Study other Tort Law that can be applied for the case study is Division 3
Causation under the Civil Liability Act 2002. The general principles of Causation that are
considered under the Law are- Determination about the fault of person caused harm that
comprises particular elements which are- the cause occurred was necessary condition of the
occurrence of the Harm. This is also appropriate for the scope of the tortfeasor’s liability to
extend for the harm so caused that also can be considered as scope of the liability. In the
determining process of the case along with establishing principles, where the fault can not be
considered as necessary condition then the occurrence of harm should be considered as establish
factual causation. In this condition court can consider various situations which are- both
condition can be taken in the conditions, why and weather responsibility for harm should or
should not be imposed on the tortfeasor and why the harm should be left to lie where it fell.
If it is relevant to the determination of factual causation to determine what the person suffered
harm would have done if the tortfeasor had not been at fault. In this situation court can
considered two conditions which are- what injured person have done if tortfeasor had not been at
fault and in other condition court can consider that what the injured person have done it is the
fault of the tortfeasor. For the case purpose of determining the scope of liability, court has to
consider why and weather responsibilities for the harm should not be or should be imposed on
the tortfeasor (Goldberg, Sebok and Zipursky, 2016). As per division 5D if determining liability
for damages for the harm caused by the fault of tortfeasor. The plaintiff beers the onus of
proving, on the balance of probability. As per any fact related to the issue of causation.

Breach of Duty of Care
The principles can be applied in determining weather official has duty of care or has
breached duty of care in proceeding in relation to a claim to apply follawing part. The functional
requirement that are need to be fulfilled by some resources like financial and other resources that
are reasonable available to the public body or responsible person for purpose. The resources that
are provided to the responsible person are not open to challenge. The responsible person in the
case Mr Bright should be determined by the reference to broad range of the activities merely by
reference for the matter to which proceedings. These people can maintain work related details for
the standards of exercises of their functions as per the evidence of proper exercise.
Standard of Care
As per the Australian tort Law it is considered as only degree of caution and prudence required
of an individual who is under a duty of care closely dependent on conditions. Standard of he care
can be considered as degree of attentiveness prudence and caution that reasonable person in
circumstances are acted. Failure to meet the standards is considered as negligence, the individual
like Mr Bright who fails to meet required standard is liable for any damages caused by
negligence. This can be considered as responsible person have to take proper considerations of
all factors that falls under their responsibilities (Best, Barnes and Kahn-Fogel, 2018). They have
to consider all minor or major considerations that can help them to fulfil their responsibilities.
Tis Tort law applicable for all people who are considered as professionals and responsible for
certain responsibilities in the organization. This type of cases and conditions are highly
applicable to the people who have ability of capacity to set own standards to maintain effective
measures to the services that are provided by them and actions and initiatives for which they are
responsible.
As per the situations all the tort Laws that are discussed are applicable to the case study.
From the base of all these lose Stella and Belle can file case against MR Bright that he had failed
to meet the safety and security about the stage condition indeed the information about the stage
condition has been provided to him by Breat (Stimson, 2016). For these condition both Belle and
Stell can claim for compensation regarding their loss due the mismanagement on the location and
fault of person who was responsible to manage the situation or event.

CONCLUSION
This report is concluding the various tort Laws that can be considered for the case study
of Belle and Stella who are victim of an accident at beer garden. The complete case study has
been analysed in the report in which various legal Laws has been considered to provide proper
advice to Belle and Stella to claim against their loss due event failure. Various legal Laws under
Tort Law has been studied in the report to evaluate their applicability over the case of Belle and
Stella at beer Garden. In report duty of care, standard of care, breach of duty of care and
causation has been studied and evaluated for the condition of victim of accident on 14 march
2020. The possible cases and Laws that can be considered to made claim from the side of victims
has been evaluated on perspective of court to provide them proper advice to claim compensation
in court for their loss.

REFERENCES
Books and Journals
Best, A., Barnes, D.W. and Kahn-Fogel, N., 2018. Basic tort law: cases, statutes, and problems.
Wolters Kluwer Law & Business.
Deakin, S. and Markesinis, B., 2019. Markesinis and Deakin's tort law. Oxford University Press,
USA.
Goldberg, J.C., Sebok, A.J. and Zipursky, B.C., 2016. Tort Law: Responsibilities and Redress.
Aspen Publishers.
Stimson, C.J., 2016. Hospital Risk Management and the US Legal System: An Introduction to
US Medical Malpractice Tort Law. In Risk Management in Medicine (pp. 69-76).
Springer, Berlin, Heidelberg.
Wright, J., 2017. Tort law and human rights. Bloomsbury Publishing.