Tutorial_4_-_Law_of_Tort.ppt

Tutorial_4_-_Law_of_Tort.ppt - Tutorial Business Law Law of...

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Tutorial Business Law Law of Tort Tutorial 4
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Question 1 Discuss the remedy/ies that may be claimed in the tort of negligence. (5 marks)
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The most common remedies for negligence is damages. Damages is monetary remedies Damages-compensation to loss suffered
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Question 2 Under what circumstances can the defence of ‘contributory negligence’ be used in order to reduce the liability for tort of negligence? (5 marks)
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Contribution negligence can be raise by D to show that P was also responsible to his own injury. If this is successfully raised, then liability will be shifted from D to P between 1% to 100% depending on how much P is responsible for his own injury. Contribution negligence is government by s12 Civil Law Act 1956.
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Question 3 Explain 3 elements which must be proven in order to succeed under law of negligence.
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The 3 elements are Does the defendant owe the plaintiff a dutu of care? In order to see whether a duty is owned or not, a neighbourhood test must be done.
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