BSBLEG523- Apply legal principles in tort law matters Assessment Answers
Course – TAFE
This assessment will help you to access, analyze and evaluate tort law matters. You’ll also learn about the principles of torts so that your work as a legal professional can be done in an efficient manner with precision when necessary.
With this knowledge at hand, it is possible for lawyers or other professionals who provide support within different settings such as courts & tribunals services, etc., their role requires some degree of responsibility towards planning investigations too.
Tort law is a branch of civil law that deals with the intentional or unintentional infliction of harm to another person. The damage may be physical, emotional, or financial.
Tort law is often invoked in disputes involving professional negligence such as where a doctor injects the wrong patient with a vaccine or operates on the wrong limb, or it can also arise from a person’s actions that cause harm to another person’s property.
An assessment like a final exam, group, or individual can be useful for understanding new strategies. Whether you are in the classroom and working with us at Australia Assignment Help – we will help improve how well-organized law operates now into its future!
Here, we are describing the assignment task. These are:
Assignment Task 1: Prepare to apply principles of tort law
Under tort law, an individual who suffers harm caused by another person is able to recover damages. There are three types of torts: intentional torts, negligence, and strict liability. The most common type of tort is negligence because it involves a duty owed to others that are breached resulting in injury or damage. For example, when someone negligently drives their car into yours causing you physical injuries that require medical treatment then under the law you would be entitled to compensation for your injuries.
In order to recover damages, the injured person must prove that the defendant breached a duty of care, that the breach caused their injuries, and that they suffered losses as a result.
1. Identify task requirements
You are required to apply principles of tort law. That means you must analyze the situation and determine whether there is a breach of duty, causation and whether the injured person has suffered losses as a result of this event. In order to do that, you need some forethought into what your client’s situation is. You must then identify what evidence can prove or disprove each element of the tort.
2. Identify key tort law elements for analysis according to task requirements
Tort law elements are the duty owed by one person to another, the breach of that duty, and resulting damage.
The three tort law elements are duty owed by one person to another (usually breached), damage (harm), and causation (a strong association between something happening last and something happening first). The various types of damages can be categorized as either “general” or “special”. General damages are all painful or troubling harm suffered; these would include mental anguish or worry following an injury. Special damages are losses fixable through restoring money for expenses like medical bills.
Corporations owe a duty towards their customers – this sometimes leads these customers to sue for pain or suffering caused by inadequate customer service on behalf of that corporation.
3. Identify key provisions of legislation and common law, policies, or procedures according to task requirements.
The key provisions of legislation and common law, policies, or procedures according to tort law is intentional torts such as a battery. With battery, the person who originally committed the offense must have touched another individual intentionally and with malice. If this has occurred, then it would be considered an invasion of the right to personal security and liberty. The battery consists of three elements: force, loss or injury, and intent to commit a crime or cause harm. A person could also commit battery against the property by touching any object without consent knowing that they are likely to cause injury in connection with their property rights in that object which includes its use-value only when claiming for future losses based on depreciation in value not related to use.
The battery can be civil wrongs that are non-criminal like tort actions. These torts can be intentional, negligent, or strict liability torts. The individual committing the act of battery is responsible to indemnify for damages arising from that act.
Assignment Task 2: Apply principles of tort law
Tort law is a branch of the law that deals with civil wrongs. It encompasses intentional torts, such as assault and battery, negligent torts, such as negligence or product liability claims, and strict liability torts. Tort law can be applied to both personal injury cases involving physical injuries caused by careless actions or omissions on the part of an individual or company’s carelessness in manufacturing products for sale to the public. These are just two examples of how tort laws have been used in recent years to protect consumers from certain types of misconduct committed by businesses.
In order to determine whether a party has a valid tort law claim, the elements of duty, breach, and causation must be established. Duty is owed by one person to another and is usually breached when the person who owes the duty fails to take reasonable care to avoid causing harm. Breach of duty can also be intentional. Causation must be established as a strong association between something happening last and something happening first. And finally, the damage must be proven as well. There are two types of damages: special and general. General damages are all painful or troubling harm suffered; these would include mental anguish or worry following an injury. Special damages are losses fixable through restoring money for expenses like medical bills.
1. Analyze legal matter for possible torts
Torts is a term of law that pertains to civil wrongs or harms, which is considered anyone intentionally and unjustifiably committing the injury against another.
Each state has its own body of law governing torts, but any tort claim will usually share these same general elements: duty (the duty owed by each party to every other), breach (a failure to discharge that duty with respect for the rights of others), causation (an act or an omission was subsequently followed by an injury) and damages (some damage resulted). However, not all torts are accompanied by intentional wrongdoing, injury, or damages. Some torts are actionable without the perpetrator committing an act that can be considered wrongful or unlawful under civil law.
2. Evaluate identified torts according to task requirements
Liability can be incurred in many facets of life. Certain torts are committed with the intention of harming another person, which is illegal. Other torts are committed against society without the intent to cause harm; these will be outlined below. There are three types of exposure that can result in liability among these two classes of torts: general exposure, voluntary exposure, and involuntary exposure.
A tortfeasor who violates any one type of liability may face different levels of risk for poor performance on the legal tasks associated with this violation depending on how much control they have over physical duties applicable to various tasks. General Liability аге an open-ended liability where the court will look at many factors to determine tortious exposure. Voluntary Liability аге a matter of consent; individuals who voluntarily place themselves in harm’s way can expect to receive little compensation if they are injured as a result.
An example of this type of tort would be skydiving or climbing mountains for sport. Involuntary Liability аге an event or action that takes place without consent and is usually the result of someone else’s actions. An example would be being struck by a car while walking on the sidewalk.
3. Extract and document information relevant to the task.
A legal duty is a responsibility that one person owes to another. The duty can be created by law or it can arise from a relationship between the parties, such as employer and employee, parent and child, or landlord and tenant. A breach of duty occurs when the person who owes the duty fails to take reasonable care to avoid causing harm.
Causation must be established as a strong association between something happening last and something happening first. The cause of an event must be determined so that the person or company responsible can be held liable.
Damages are losses that are suffered as a result of the tort. There are two types of damages: special and general. General damages are all painful or troubling harm suffered; these would include mental anguish or worry following an injury. Special damages are losses fixable through restoring money for expenses like medical bills.
Involvement in another’s work
When a person is involved in the work of another, he becomes liable to those who might be injured as a result of that work. An employer is liable for the injuries his employees suffer on the job, and anyone who helps to create a dangerous situation is also liable.
Product liability is a type of tort law that holds manufacturers, distributors, and sellers responsible for defective products that injure people. The injured person does not have to be the purchaser of the item.
Liability for Animals
A person or organization can be held liable for an injury caused by a domestic animal if he knew that the animal was dangerous and had the chance to prevent its escape, which resulted in harm. The injured party does not have to prove that the defendant had any intention of harming them; just that the animal was allowed to run free and caused the injury.
Assignment Task 3: Finalize application of tort law
Tort law is a set of rules and regulations that govern the responsibility of an individual or company to pay for any damages caused by their wrongful acts. These actions can be intentional or unintentional and may include bodily injury, property damage, defamation (slander and libel), and infringement on privacy rights. Most often tort law is used in legal disputes between individuals or corporations with civil claims against each other arising from personal injuries or damage to property.
The claimant usually does not require proof that the defendant intended to cause harm as it is enough if they were negligent in some way such as driving carelessly which resulted in an accident. In order for a claim to succeed, the claimant must prove four elements: duty of care owed by one party; breach of that duty; causation of the breach by the defendant; and damages suffered by the claimant.
Tort law is an important part of civil law and is used to provide a remedy to those who have been wronged. It allows an injured person to seek financial compensation for their losses and helps to ensure that those responsible are held accountable for their actions.
1. Identify and document damages applicable for identified torts
Reprisal – Damage that is not compensable cannot be tortious, just as an act that is not criminal cannot be torts. Restitutive reparation can arise if the damage resulted in a loss of money for the victim. Penalty damages are generally only available when there is an intent to harm or malice on behalf of the defendant.
Damages – Courts tend to impose liability on all defendants within different degrees depending on their relationship with each other and will assess compensation based on proximity factors such as infliction, effect, benefit, knowledge of risk, etc.; General damages may include pain and suffering expenses related to the injury sustained; Special damages are unrelated but more concrete estimates given by witnesses or experts concerning lost earnings, medical bills or other out-of-pocket expenses.
Employment – Employers are strictly liable for the injuries their employees suffer while on the job. This means that the employer is automatically responsible for any damages, regardless of whether or not they were negligent. The injured employee does not have to prove that the employer was at fault. Employers are liable for the injuries their employees suffer on the job, and anyone who helps to create a dangerous situation is also liable.
Employer – An employer is liable for the injuries his employees suffered on the job, and anyone who helps to create a dangerous situation is also liable.
Product Liability – Product liability is a type of tort law that deals with the liability of manufacturers, distributors, suppliers, or retailers when their products cause injuries to consumers. Product liability is not exclusively applied to tangible personal property but may also include things like contract work, real estate purchase, and other business transactions which are interdependent.
2. Submit findings to designated person according to organizational policies and procedures
The role of the designated person is to manage internal communications, including looking into the issue and then informing interested parties about what has been found.
Typically it falls into their responsibility to tell peers about research findings, figure out next steps which might include doing further research or seeking input from other departments, document what’s found in a written summary which usually includes an actionable list for other team members, and make sure all required parties are notified.
The designated person may consult with other departments if necessary but is generally expected to keep them updated as the process moves forward.
3. Analyze and amend findings with supervisor according to task requirements
Amending findings is a process that involves looking into and then collecting or analyzing additional information to supplement existing findings or amend mistakes, inconsistencies, and omissions made.
- Gathering evidence when new information becomes available during the inspection process;
- Identifying gaps in research data when starting the research process upon gathering preliminary information;
- Reconsidering the evidence when coming across unexpected results during inspections;
- Assessing implications of new information or amendments.
Amendments are typically done with input from the supervisor, who may at their discretion decide to do further research based on findings submitted.
The responsibility is to relate the requirements set out in a task to the steps taken to complete it.
This may include providing a detailed explanation of the methodology used, how data was collected and analyzed, what factors were considered, and how findings were interpreted.
It is also important to highlight any limitations of the research and what could have been done differently if more time or resources were available.
Thorough and well-written research reports are an essential part of any scientific or academic field, as they allow other researchers to build on previous work and help to advance knowledge in their chosen area.
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