Reasonable suspicion

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  • Case Study Of The Selling Of Skis

    sports. Take football as an example, would a reasonable person consider a store, such as Dick’s Sporting Goods, to be liable for a football player’s concussion from playing football? This would be a highly unlikely accusation.…

    Words: 734 - Pages: 3
  • Rottnest Island Authority Case Study

    On 24 September 1992, an appeal was filed against the decision made by Full Court Of Supreme Court Of Western Australia which dismissed the Appeal made against the decision of the trial judge (Nicholson J.) in the favor of the Rottnest Island Authority (defendant) , in the High Court Of Australia (Canberra). The trial judge…

    Words: 1718 - Pages: 7
  • Tort Of Negligence Case Analysis

    owners,” (Polischuk, 2015). The defendants also owed the plaintiffs a standard of care. This standard of care was breached due to the owners of the property not using “a warning device capable of detecting an escape of natural gas; did not take reasonable steps in response to elevated natural gas levels; failed to ensure any appliances or other devices would not serve as a source of ignition for escaped natural gas; and failed to adequately inspect, monitor or maintain their portion of the gas…

    Words: 721 - Pages: 3
  • Importance Of Duty Of Care In Negligence

    Negligence occurs if someone fails to take reasonable care to prevent loss, damage or injury to others whom they could reasonably have foreseen might be injured if that care was not taken. When accidents happen those usually involved want to believe that a negligence action has occurred and that it was due to the fault of someone else instead of believing it to be accidental. Negligence is a part of tort law, which consists of three essentials that need to be proven by the plaintiff in order to…

    Words: 1345 - Pages: 6
  • Petrochem Ltd

    Tort in legal words can be defined as the body of various obligations, remedies and rights that are put to use by courts whilst civil proceedings to ensure justice is served and relief is provided to people who suffer from the harmful and wrong full act of others. A plaintiff can be defined as the person who sustains injury or is distressed about fiscal damage as the result of tortious conduct On the other hand a defendant is the person who is held for causing the injury and sustains liability…

    Words: 1112 - Pages: 4
  • Legal Case Study: Susie Vs. Negligence

    to the plaintiff, that duty must be breached, and the defendant’s actions or inactions were the cause of the plaintiff’s injury. Duty Duty is the legal obligation required of an individual to act as a reasonable prudent person under similar circumstances. Drivers are required to act with reasonable care when encountering other vehicles and pedestrians. Tommy was the driver of the vehicle and Susie was a pedestrian. Therefore, Tommy owed a duty of care to Susie. Breach The failure to act as a…

    Words: 849 - Pages: 4
  • Duty Of Care Case Study

    Michelle the defendant owe the plaintiff Rebecca duty of care under law of tort when Michelle offered Rebecca a ride home when she was drunk. Duty of care is referred to the legal responsibility which is compulsory to any individual that requires the reasonable care when performing any act that could direct or indirectly harm others. An essential element of duty of care is foreseeability. Rule 1 In relation to this, the rule of negligent is, the defendant owes duty of care not to harm the…

    Words: 1517 - Pages: 7
  • The Wrongfulness-Analybility In The Law Of Delict

    In the law of delict there are five elements that should be considered before someone is held liable for an act that caused damage. These elements include the nature of the act, the wrongfulness/unlawfulness of the act, the damage caused by the act, that causal link and lastly the fault. If the evidence obtained from the act and matched against the element is adequate and proves that the act caused the damage then it can be concluded that the act did indeed cause the act and someone or an…

    Words: 1483 - Pages: 6
  • Civil Wrong And Criminal Wrong Case Study

    • Why do you think a society would address liability for civil wrongs separately from criminal wrongs? First, it is very necessary to understand what “civil wrong and criminal wrong” is, so we can have a better climate to discuss what is at stake. Civil wrong is “An action with a tort, an act against another person or their property, and, a breach of the terms of a contract”. (The law dictionary). On the other hand, a criminal wrong is the breaking of rules or laws for which some governing…

    Words: 1286 - Pages: 6
  • Three Stage Test On Tort And Negligence

    conclusions arising in courts and because of this the three stage test was established to further the criteria and accuracy of law regarding tort and negligence. In the three stage test for a duty of care to be imposed on someone their must be; A) Reasonable foresight means that the defendants acts or omissions will injure/cause harm to the claimant and was defined in the case of Kent v griffiths, in this case the claimant was suffering an asthma attack, a off duty doctor phoned for an…

    Words: 1519 - Pages: 7
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