| Write a case study that demonstrates an understanding of Tort Law, specifically negligence, while outlining the practical application of negligence to one media article only. You must choose the article from the folder below that relates to your discipline. Construction: https://thewest.com.au/news/wa/amanda-nikolich-fails-attempt-to-sue-margaret-river-holiday-apartment-owners-over-bathroom-floor-slip-ng-b881181199z Social Science and Policing: https://www.abc.net.au/news/2016-07-11/family-of-nsw-policewoman-who-took-her-own-life-suing-state/7576870 Business: https://www.smh.com.au/national/nsw/third-surgery-required-for-cancer-patient-who-had-wrong-body-part-removed-at-sydney-hospital-20190624-p520si.html CASE STUDY QUESTIONS Your case study must address ALL of the following questions: Briefly describe the main aim/purpose of Civil Law. Provide a definition of both Tort Law and Negligence. Describe the three elements for establishing liability for the Tort of Negligence, with reference to at least one case authority. (In answering this question, you should limit yourself to material provided in your slides/workbook). Using the article from your relevant discipline folder answer the following questions: 4. Identify the name of the article and list all of the possible DEFENDANTS AND PLATINTIFFS to an action for negligence in that article. 5. IF there is only one defendant: Using the specific facts from the article, describe whether the three elements for negligence would likely be established against this defendant OR IF there is more than one defendant: Decide which defendant is most likely to be liable and Using the specific facts of the article, describe whether the three elements for negligence would likely be established against this defendant. 6.Consider your answer to question 5 above. Using INDEPENDENT RESEARCH describe what the potential impact would be on the community (or the relevant industry) if the defendant were held liable for their actions in the circumstances described. The answer to this last question should be at least 150-200 words of your total assignment. |
