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The Law Of Torts Essay

1308 words - 5 pages

Legal Assistance11 Legal Studies "The Law of Torts"forRuby GymsockBy Codi MansbridgeContents1.0 Introduction1.1 Aims1.2 Sources1.3 Authorisation2.0 FINDINGS2.1 Rypper's Suit of Gymsock2.1.1 Conditions for Negligence2.1.1 Facts of the case2.1.3 Defences2.2 Gymsock Counter- Suit2.2.1 Conditions to Trespass2.2.2 Facts of this Counter case3.0 ANALYSIS3.1 Rypper's Suit of Gymsock3.1.1 Defences3.1.2 Counter Suit4.0 RECOMMENDATIONS1.0 Introduction1.1 AimsThe Aim of this report is to give legal advice to Ruby Gymsock about her dispute with Ralph Rypper.1.2 Sources"Legal Studies in ACTION 1", Anthony Gray and Gail Herlihy. 1998"Legal Studies for Queensland" R W Woodgate, E A Black, D T Owens. 19881.3 AuthorisationAs requested by Ruby Gymsock, because of her need of legal advice.2.0 FINDINGS2.1 Rypper's Suit of GymsockYour neighbour Ralph Rypper will most probably suing you under the law tort Negligence. To put it simply negligence is the breach of duty, to take reasonable care in the circumstances, resulting in damage to another person or organisation. Negligence is not the same as being careless. A person can be very careless without causing damage to someone else. In order for him to prove that you have been negligent, he must provide evidence to the judge, on the balance of probabilities. These are called the conditions for Negligence. To prove that these conditions have been breached there is a simple test that is to be completed.2.1.1 Conditions for NegligenceThe conditions and tests are as follows:1.A duty of care was owed?The way to test this condition is to see if the neighbour principle applies. The neighbour principle establishes weather there is a duty of care owed by one person to another. Every member of your society owes a duty of care to those "persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question." This means anyone that has contact with you that maybe affected by the actions you take are considered your neighbours.2.Duty of care was breached?Once the decision that a duty of care exists, the next question is whether or not the defendant has breached that duty. To decide this, the necessary steps to identify the standard of care which you are required to meet. Are you acting like reasonable person is expected to behave? Here we use the "reasonable person test". To see if what you did to prevent the situation was what a normal reasonable person would have done. You have to weight up the risks that maybe reasonably foreseeable and the cost, the cost of taking precautions to stop this type of thing happening.3.Did some damage occur?If there is damage, did that damage occur directly because of your breach in the duty of care? For it to be a liable negligence case, he must prove that the damages did arise because of your negligence. The test for this is to find out those events leading...

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