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bus107.docx - LAW OF TORTS Commercial Law – Assessment 2...

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Ngoc Anh Thu Huynh (Rose) – ID 135610 Kaplan Business School | BUS107 LAW OF TORTS Commercial Law – Assessment 2: IRAC Assignment
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According to the provided information, Tamara falls into a puddle of melted ice cream and her back was broken. This accident costed her over $700,000 and several months for covering in hospital. The issues of this situation are going to be identified in the below paragraph then the relevant rules applicable to the issues will be cited. Subsequently, the conclusion of Tamara’s situation would be drawn after the application is explained. Issue There are multi issues in this situation that should be identified. First and foremost, Aldi Super Market might owe Tamara a duty of care. In order to sue Aldi Supermarket successfully, she have to provide proofs that Aldi was found guilty of negligence. Second, Aldi Supermarket might fail to meet the standard of care on Tamara’s accident hence they breached their duty of care. Her injuries were not too remote and caused in Aldi’s store. On the other hand, Aldi Supermarket can take advantage of the defence of contributory negligence potentially. They can also rely on the defence of voluntary assumption of risk in theory. Rule First of all, in tort law, a duty of care is a legal obligation placed on a person who requires adherence to a level of sensible care while performing any act that could predictably hurt others. This is the first component to be developed to continue with an intervention in neglect. The claimant must be prepared to demonstrate a legal duty of care that the accused has violated. As a result, a person may be held liable for breach of duty. The duty of care may be enforced by the procedure of
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