24x7 Support Available
To Get the Best Price Chat With Our Experts
In A Hurry? Get A Callback
Start earning with myassignmenthelpAu now. Signup and earn upto $2000 / MonthRefer Now
MyAssignmentHelpAU March 31, 2018
Table of Contents
The given assignment is about studying law of negligence under Civil Liability Act 1936 of South Australia. It describes various conditions to be achieved in order to claim damages under the give law. There are various conditions under this law. It comes under law of torts where in the plaintiff is awarded compensation due to negligence on the part of the defendant.
Facts and Issue:
In this case, the school has taken a group of seven- year old students for an excursion to the zoo. The students were given permission for wandering in the zoo in pairs by the teacher. The students were taught about the dangerous characteristics of animals before when they were taken for such visits. Simon and his friend during the visit started feeding an animal in the zoo that was put behind the cage. There was a proper safety in regards with the animal as there was a proper distance of fence and the cage of the animal. Simon got an injury on his face and upper body when the animal grabbed him and injured him. Simon had claimed the fence to pick up the bag of nuts when it was fallen or he must have fallen on the fence. Simon suffered an injury. Simon wants claim under negligence law of Australia.
This case is covered under law of negligence as per Civil Liability Act 1936 of South Australia. This law related to the negligence by a person and the obligation it bears due to their negligent act. The act says that when a person or the property of the person suffers injuries or damages due to the negligent acts by another person then the person can claim compensation. That means the person who has suffered injury is entitled to file a case for negligence on the part of another person. The person can get compensation for all the damages suffered by the person. If no negligence would be there then no damage would be there.
Ways of determining negligent acts:
It is very necessary to fulfill these conditions I order to claim compensation. If any of the conditions do not get satisfied then plaintiff cannot claim.
There are even laws provided for children and the negligence related to them. If a child does wrongful acts, he will be responsible for his acts. But the act of child plays a very major role in deciding the level of liability. It depends on the age of child for the level of care taken by them.
In the given case, Mr. Philopott had allowed seven year old children to wander in the zoo but they were already being taught about the dangerous characteristics of all the animals in the zoo. Mr. Philpott has already taken and followed the duty of care by informing the kids about the danger of animals in the zoo. Simon had fallen on the fence due to falling of his peanuts bag.
Simon can be awarded compensation but under other law and not under negligence law. Mr. Philpott is not held responsible for law of negligence. Although he must have restricted the child to feed the animal but then it does not be responsible under law of negligence
Facts and Issue:
John and Natalie wanted to purchase a country motel enterprise. They are married couple. The couple did not have any experience in this field before. John and Natalie were being told about the good side and bad side of this motel industry. Both John and Natalie worked respectively in some companies. They were doing great at their work too. John was used to handle accounts at his company and Natalie was working in the post of receptionist. The couple sold out their family home in return they received $40000. After a long wait, John and Natalie were being offered the motel business for $ 100000 which was situated at Burradoone by Mrs. Wentworth who was selling the motel business on behalf of Mr. Holgate. At their initial meet, Mrs. Wentworth represented herself as if she is the owner of this motel industry. She assured them that she has a lot of experience in this field, she has also sold many motel businesses and she never dealt with any wrong and losing suffering motel business. The motel business was a new one and Mr. Holgate was selling it because of his bad health. All the financial accounts were disclosed to the couple as it was running unprofitably. There was some amount of water when John and Natalie were buying the motel business in Lake Eldon at Burradoone. When they were signing the contract, Mrs. Wentworth started telling them that they are doing a great job as this is a very good business. Even she could have bought it if she was not engaged anywhere else. Mr. Holgate us also selling the business because of bad health otherwise he would not have sold this business and the selling price of this business which is being offered to the couple is also very less. And they are getting the best deal. Later after 6 months, John and Natalie suffered huge losses. They are expecting to sue Mrs. Wentworth for supplying wrong knowledge and charging her under law of negligence. They want the claim against the damages suffered by then after busying this business.
The above case is covered under the law of negligence. This is a law of torts which is explained in Civil Liability Act 1936 in Australia. This law deals with the damages suffered by a person due to negligence acts of another person. The person suffering the damages personally or damages to the property can ask for the claims against such losses. The plaintiff has an authority to sue the defendant against the charge of law of negligence. Since the plaintiff has suffered losses and damages due to the wrongful and negligent act done by the defendant, he can seek compensation in return of it. It is the duty of the person to disclose all the material information. There are different types of negligent acts such as negligence while driving car, professional negligence etc.
There are various factors which are needed to be satisfied before concluding that the person should be charged under law of negligence. If any of the factors do not get fulfilled, then the person will not be liable for any damages suffered by the plaintiff. Following are the conditions to be fulfilled:
In the given case, there are various points to be noted which make Mrs. Wentworth liable under law of negligence. All the points are given below:
It is been concluded that Mrs. Wentworth is held liable under law of negligence and John and Natalie can seek claims and financial compensation for the losses they suffered from the negligent acts of Mrs. Wentworth.
The law of negligence is briefly explained and understood from the above case studies which describe application of law of negligence. There are various case studies to understand it well. It depends on satisfying all the conditions mentioned in the given regulation in order to claim damages. If any of the conditions is not fulfilled then this law will not be applicable. In this way, law of negligence is practically being applied.
MyAssignmentHelpAu provides the ideal service for all your assignment and homework related tasks to be completed within the specified time. We are available round the clock to resolve your academic queries. Comprised of more than 4000 learned experts, we promise to provide well research and top-notch quality assignments. Our assignment writing services is not bound to the countries of Australia and UK rather stretches to USA, UAE , Singapore and Malaysia. We pay scrupulous attention to each assignment and provide services that include assignment help, homework help, case study help, coursework help, dissertation help and CDR Report help. Avail the best my assignment help and services at competitive price. We promise ultimate customer satisfaction.
Earlier I used to mess up with numerous academic tasks and was finding it hard to perform well in all the assignments. But when I came across MyAssignmentHelpAu, I just breathed deep as I got a best platform from where I can get best and most effective assignment help. Experts, at this platform offered the best writing help to me. Thank you MyAssignmentHelpAu
To me, the assignments are similar to the nuts which are hard to break. To complete all the relevant assignments is just not an easy task. But team of MyassignmentHelpAu helped me with all the assignment related problems. They served finest assignment solutions for my psychology homework. All my queries have been efficiently solved by them.
I was confused with the various assignment help websites. It was hard for me to select the one which could provide me better service on my assignment solutions. Then, as per my friend’s suggestion, I tried MyAssignmentHelpAu to avail my humanities assignment. And I am glad to share my experience as they provided me the optimum content at very pocket friendly rates.
Myassignmenthelpau helps me to complete my management assignment within three hours. It is one of the top assignment help provider on which everyone can trust blindly. Myassignmenthelpau has a team of well-versed experts that are able to provide quality assignments all over Australia. I am impressed with their services and will contact them again in the future.
I was scared when I was unable to complete my computer science assignment within the deadline. My friend informed me about the Myassignmenthelpau and I avail their services. I am very thankful to them for making my assignment. My professor was so impressed by my assignment and gave me good grades.