3 To prove a tort of negligence three important foundations have to be

3 to prove a tort of negligence three important

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3. To prove a tort of negligence, three important foundations have to be demonstrated by the plaintiff. These are duty, breach of duty, and damages. The outcome of a negligence case is based on the question whether the defendant had a duty to prevent any harm coming to the plaintiff. For example, the government of a country has a duty of providing the require resources such as hospitals for the citizens. The law identifies the affiliation between the government and the citizens hence duty. In any negligence case, the judge will directly determine whether the defendant should provide the plaintiff with a duty of care (Goudkamp 2017). It is not enough to prove that the plaintiff was subject to a duty of care by the defendant. The plaintiff or injury lawyer has to prove that the party which was negligent had breached the obligation owed to the injured party. A defendant will breach this duty when they fail to execute the reasonable care in
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Case Study 3 the process of fulfilling the duty. For example, in a case where citizens are suffering due to the lack of the required hospital resources, the can take the government to court and prove their breach of obligation. Finally, the plaintiff is expected to present evidence of damages that have occurred due to the defendant’s act of negligence. Failing to exercise the judicious care must be the cause of the damages incurred by the plaintiff owed an obligation of care from the defendant (Goudkamp 2017). Damages may be physical injury to person or property such as a car involved in an accident. 4. In the named article above, the defendant is - Dreamworld While the plaintiffs are: - Cindy Low - Kate Goodchild - Luke Dorset - Roozi Araghi Since the plaintiffs had died in the accident, they were represented by Ken Flemming (Silva 2018).
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  • Spring '14
  • Law, Dreamworld

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