Law

Law

Case #1

A Sydney tramway passenger was injured in a collision with another tram, which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as 'dead man's handle', a system in use on Sydney's trains. This would have stopped the tram and avoided the accident. The device had been rejected by the tramway authorities because it was felt that it could cause drivers to become tired, irritated and inefficient. There was no evidence of any similar device in use on two-man trams anywhere in the world. Will the plaintiff succeed in his negligence claim?

Analysis

Tort is a private or civil law offense, entailing compensation for the harm and damages recoverable in private law in favor of persons injured. A tort is a private or civil act that harms other people or their property. The harm may involve emotional distress, physical injury, invasion of privacy, or defamation. The injured party may sue the wrong doer to recover damages for loss or harm. A tort is not the result of a breach of contract which would be settled under contract law. The tort law identifies a number of legal rules that attempt to organize sharing the cost of accidents (for the victim unwanted events because they generate injury). These accidents may not be from the point of view of the damage caused. In the given case, negligence has been committed by the company. Negligence is also a type of tort law.

Negligence is a legal concept generally used by a court to get damages in the case of accidents and injuries or scars on the health and recently in the case of environmental damage. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty.

Negligence is the ways that fall below the standards of actions recognized by law for the safety of others against unreasonable possibility of damage. He or she has acted negligently if quit from the conduct predictable of a convincingly prudent person acting under related conditions. It is the value or condition of being negligent, need of due diligence or care, act or an example of negligence or carelessness. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty.

The first two factors of a negligent claim entail the duty and breach of duty. The first factor engaged in this form of case is the duty of reasonable care. Negligence law is a concept of legislation which used in court usually for clashes or damages case of injury or accident and the affect on fitness, and most recently for damages of environment. In order to establish negligence the ...