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Torts Problem Solving (Assignment)

   

Added on  2020-11-23

10 Pages2783 Words120 Views
TORTS PROBLEMSOLVING

TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3ISSUE..............................................................................................................................................3RULE...............................................................................................................................................3ANALYSIS......................................................................................................................................7CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................9

INTRODUCTIONA new shopping centre was opened in the Gold Coast suburb of Robina, Queensland,named “The Pantry”. It was owned and operated by Westlands Pty Ltd. This new shopping mallincludes two major supermarkets, a new food court, a number of eateries and a shared diningarea. This mall also has fire safety measures as well. Present report will dicuss the ISSUEThe main issues which has arised in mall “The Pantry” was that safety measures were notmonitored properly bt the authority. There were two double doors, which were fire doors, in thecorridor in which it was writtern in bold letter- Fire Safety Door, Do Not Obstruct and Do NotKeep Open. Marceau, a tenant of ‘The Pantry’, was concerned that the difficulties in accessing‘The Pantry’ via the fire doors were affecting the business of his eatery ‘OuiOui’. In order toincrease the sales of his eatery, he opened one gate or wedge of fire safety door. He noticed thatit helped in increasing its business, so he opened the other wedges of the door as well. This activity was the main reason of why “The Pantry” caught fire to an extreme level,due to which so many people got suffered, such as, Ronaldo, Zoe, etc. Security guard has alsoseen him doing this but he as well did not tell to anybody about this, which lead to a hugeaccident and affected so many lives as well. All these accidents happened due to poor safetymeasures in the mall and negligence of proper monitoting of all the activities that is beingperformed in “The Pantry” by the employees. Proper implication of theleas and regulation in themall was incorporated by the owner as well which can also be a huge issue behind this accident.All the fire measures should pass the safety standards within Australia Standards. RULEIn this case Tort Law1 is applicable as it is a part of Negligence Tort.In simple words Tort is said as Civil Wrong, wherein any person who had suffered loss or harmthat results in legal liability will be said as tortuous act. Torts can be said as it is wrongdoingsthat had been done by one party against another party. There are three types of Torts-:1.Intentional Tort-: In this category harm is committed intentionally by the other party.These type of Torts includes-: Assault, Fraud, trespassing, false imprisonment etc. 1Bermingham, V., & Brennan, C. (2018). Tort law directions. Oxford University Press.

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