Torts Research Assignment Essay

2928 WordsApr 29, 201212 Pages
I. INTRODUCTION In this paper I will provide legal advice for Betty Smith in relation to the conference held 1st August 2011 in the specific area of negligence claim. I will outline arguments and defenses available and on the balance of probabilities what needs to be proven in order for her case to be successful. II. PRINCIPLES OF NEGLIGENCE AND TIME LIMITATION In Victoria, negligence is statutorily defined and can be described as ‘failure to exercise reasonable care’. The aim of negligence action is to obtain compensation (or damages) that will place the plaintiff back in the position that they held prior to the damage caused by the defendant. In Roads Corporation v Dykes the plaintiff claimed that the Roads Corporation negligence of placing a directional sign too close to a secondary road, had caused him to crash into a tree and sustain substantial injuries. As Betty’s case was similar, she may be able to establish a claim for negligence under similar grounds. Betty must establish that the road authority acted negligently causing a reasonably foreseeable non-insignificant risk of harm. In order for the claim of negligence to be successful, it must be established that: a) Betty was owed a duty of care by the defendant; b) The duty of care owed was breached; and c) The breach caused the injuries (causation). Under the Limitation of Actions Act there is a time limit available for bringing a claim of negligence. Therefore there must be an application made to grant an extension in order for court proceedings to begin. The legislation outlines that a claim (for a breach of duty) may not be brought about more than six years from the date of the accident and it is up to the court to determine whether an extension is granted. Such factors taken into account include: a) Length and reason for the delay; b) If there is a viable case against

More about Torts Research Assignment Essay

Open Document