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LEARNING OUTCOMES:
Define and use key legal terminology appropriately.Demonstrate an understanding of key legal concepts, the role of law in society and its impact upon Aboriginal and Torres Strait Islander peoples.Explain the relevance of the Australian legal system to their chosen career path.Demonstrate effective written communication skills.
TASK DESCRIPTION
Your task is to write a case study that demonstrates an understanding of Tort Law, specifically negligence. You are then required to outline the practical application of negligence to one media article only.
You must choose the article below that relates to your discipline.
Social Science/ Criminal Justice/Policing
CASE STUDY QUESTIONS
Your case study must address ALL of the following questions:
Briefly describe the main aim/purpose of Civil Law.Provide a definition of both Tort Law and Negligence.Describe the three elements for establishing liability for the Tort of Negligence, with reference to at least one case authority.
USING THE ARTICLE FROM YOUR RELEVANT DISCIPLINE ABOVE.
Identify the name of the article and list all of the possible DEFENDANTS and PLAINTIFFS to an action in negligence for that article.
USING THE SAME ARTICLE ANSWER Questions 5 and 6:
IF there is only one defendant:
Using the specific facts from the article, describe whether the three elements for negligence would likely be established against the defendant you have named
OR
IF there is more than one defendant:
State which defendant is most likely to be liable, and thenUsing the specific facts of the article, describe whether the three elements for negligence would likely be established against this defendant.
Consider your answer to question 5 above and the industry/occupation that the defendant is involved in.
Describe what the possible consequences would be to the industry/occupation if the defendant were held liable for negligence.
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