Negligence Law: Defendant's Contention - Law Assignment

This assignment presents a legal analysis of a negligence case, focusing on the defendant's perspective. It examines the defendant's response to the plaintiff's claims, addressing key points such as the acceptance of certain facts, denial of liability for the plaintiff's injuries, and the application of contributory negligence. The defendant acknowledges certain facts from the plaintiff's claims, such as the injury sustained by the plaintiff. However, the defendant denies liability, citing the lack of foreseeability and the plaintiff's own actions, such as consuming alcohol, as contributing factors. The assignment references relevant legal principles, including the Civil Liability Act 2000 (NSW), to support the defendant's position, arguing that the defendant is not liable for the negligence. This assignment provides a detailed understanding of legal arguments and the application of relevant laws in a negligence case, which is beneficial for students.

Running head: NEGLIGENCE LAW
Defendant’s contention
Name of the student:
Name of the university:
Author note

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Considering the pleas of the plaintiff, it has been observed that the present case
is based on the law of negligence, particularly part of the Tort law (Foley & Christensen,
2016). Plaintiff had made certain claims in his plaint and asked for damage from the present
defendant. The defendant is accepting the contention made by the plaintiff in paragraph
number 1, 2 and 3 of the plaint. Defendant had no knowledge regarding the truthfulness of
the statement mentioned in point number 4. It has been mentioned by the plaintiff that a party
and it is not possible for defendant to keep an eye on every invitee. It is an admitted fact by
the defendant that injury has been sustained to the plaintiff. However, it is denied that
defendant is liable for that and as plaintiff was also get shock, therefore, it can be stated that
the happening was not foreseeable. It can be stated that the allegations made by the plaintiff
were insignificant in nature. Regarding the contention made in point number 6, defendant
accepts that he owed a duty to the plaintiff, but the injuries sustained by the plaintiff were not
the fault of the defendant and he personally was not liable for that. Regarding the point 7, it
can be said that the principle of contributory negligence will apply in this case, as plaintiff
was also consumed alcohol having the knowledge of risk (Barry, 2017). Therefore, based on
the provision of section 5B (1) of the Civil Liability Act 2000 (NSW), it can be said that
defendant is not liable for the negligence.

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Reference:
Barry, C. (2017). Statutory modifications of contributory negligence at common
law. Precedent (Sydney, NSW), (140), 12.
Foley, M., & Christensen, M. (2016). Negligence and the Duty of Care: A Case Study
Discussion. Singapore Nursing Journal, 43(1).

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