Torts Research Assignment

I. INTRODUCTION In this paper I lead stick out sub judice advice for Betty Smith in relation to the conference held beginning(a) appalling 2011 in the specific area of negligence lead. I will outline arguments and defenses available and on the balance of probabilities what call for to be proven in order for her case to be successful. II. PRINCIPLES OF indifference AND TIME LIMITATION In Victoria, negligence is statutorily defined and roll in the hay be set forth as failure to exercise valid negociate. The take up of negligence action is to obtain compensation (or damages) that will household the complainant back in the military position that they held previous to the damage caused by the defendant. In Roads conjunction v Dykes the plaintiff sayed that the Roads Corporation negligence of placing a directing sign too close to a vicarious road, had caused him to go under into a tree and sustain substantial injuries. As Bettys case was similar, she whitethorn be able to make a claim for negligence under similar grounds. Betty mustiness essay that the road authority acted negligently causing a causeably foreseeable non-insignificant risk of harm.

In order for the claim of negligence to be successful, it must be established that: a)Betty was owed a duty of concern by the defendant; b)The duty of care owed was breached; and c)The breach caused the injuries (causation). to a lower place the Limitation of Actions Act in that location is a time leaping available for bringing a claim of negligence. Therefore there must be an application make to grant an extension phone in order ! for court minutes to begin. The legislation outlines that a claim (for a breach of duty) may not be brought about more than six age from the date of the stroking and it is up to the court to determine whether an extension is granted. Such factors taken into account include: a)Length and reason for the delay; b)If there is a viable case against the defendant; c)The severity of injuries sustained; d)Whether the plaintiff acted promptly and...If you want to shake up a wax essay, order it on our website: OrderCustomPaper.com

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