Duty Of Care Case Analysis

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Assessment Activity 1 1. There are three federal courts in Australia, the Federal Court of Australia and the Federal Magistrates Court, and the High Court. The Federal Court is empowered to deal with disputes about federal laws and matters which a party seeks specified remedies against an officer of the Commonwealth Government. The Federal Magistrates Court was set up to deal with less complex disputes which would otherwise be dealt with the Federal or Family Courts. The High Court is the highest ranking court. It has jurisdiction over many federal matters including constitutional law. 2. The meaning of regulatory bodies is primarily to set and determine legislation for industries and workplaces, in order that it is clear to the workplace what legislation is…show more content…
If this person does not follow the standard of care and someone suffers harm or loss as a result then the individual has been negligent. If someone has a duty of care towards another person and does not exercise an appropriate standard of care in all circumstances, then the duty of care has been breached. If someone can prove that you did something you should not have done, or failed to do something that you should have done, which resulted in an injury, then you have breached your duty of care and could be sued. Duty of care is hard to define because there is no legal definition, although it is a legal obligation. It is an idea based on the legal concept of negligence. There is no absolute regarding what is legal or illegal in terms of duty of care. It is up to the courts to decide, where negligence is claimed, for each individual situation. The decision is made on whether actions are considered appropriate under the circumstances, taking into account community attitudes, expectations, foreseeability and legal precedence. A duty of care is a person's legal
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