In this paper I lead provide sub judice advice for Betty Smith in relation to the conference held 1st appalling 2011 in the specific area of negligence lead. 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 indifference AND TIME LIMITATION
In Victoria, negligence is statutorily defined and roll in the hay be described as failure to exercise valid negociate. The aim of negligence action is to obtain compensation (or damages) that will place the plaintiff back in the military position that they held prior to the damage caused by the defendant.
In Roads conjunction v Dykes the plaintiff sayed that the Roads Corporation negligence of placing a directional sign too close to a vicarious road, had caused him to crash into a tree and sustain substantial injuries. As Bettys case was similar, she whitethorn be able to make a claim for negligence under similar grounds.
Betty mustiness establish that the road authority acted negligently causing a causeably 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 make to grant an elongation in order for court minutes to begin. The legislation outlines that a claim (for a breach of duty) may not be brought about more than six age 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 the defendant;
c)The severity of injuries sustained;
d)Whether the plaintiff acted promptly and...If you want to shake up a full essay, order it on our website: Orderessay
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