The Law of Torts

Essay by call_me_stan21High School, 11th gradeA+, March 2003

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Legal Assistance

11 Legal Studies "The Law of Torts"

for

Ruby Gymsock

By Codi Mansbridge

Contents

1.0 Introduction

1.1 Aims

1.2 Sources

1.3 Authorisation

2.0 FINDINGS

2.1 Rypper's Suit of Gymsock

2.1.1 Conditions for Negligence

2.1.1 Facts of the case

2.1.3 Defences

2.2 Gymsock Counter- Suit

2.2.1 Conditions to Trespass

2.2.2 Facts of this Counter case

3.0 ANALYSIS

3.1 Rypper's Suit of Gymsock

3.1.1 Defences

3.1.2 Counter Suit

4.0 RECOMMENDATIONS

1.0 Introduction

1.1 Aims

The Aim of this report is to give legal advice to Ruby Gymsock about her dispute with Ralph Rypper.

1.2 Sources

"Legal Studies in ACTION 1", Anthony Gray and Gail Herlihy. 1998

"Legal Studies for Queensland" R W Woodgate, E A Black, D T Owens. 1988

1.3 Authorisation

As requested by Ruby Gymsock, because of her need of legal advice.

2.0 FINDINGS

2.1 Rypper's Suit of Gymsock

Your neighbour Ralph Rypper will most probably suing you under the law tort Negligence.

To put it simply negligence is the breach of duty, to take reasonable care in the circumstances, resulting in damage to another person or organisation. Negligence is not the same as being careless. A person can be very careless without causing damage to someone else. In order for him to prove that you have been negligent, he must provide evidence to the judge, on the balance of probabilities. These are called the conditions for Negligence. To prove that these conditions have been breached there is a simple test that is to be completed.

2.1.1 Conditions for Negligence

The conditions and tests are as follows:

1.A duty of care was owed?

The way to test this condition is to see if the neighbour principle applies. The neighbour principle establishes weather there is a duty of care owed by one person to another. Every member...