Sunday, July 28, 2019

Law Essay Example | Topics and Well Written Essays - 750 words

Law - Essay Example The understanding of Common Law is important because it forms the basis for understanding of the important provisions of other laws. Certain laws in the UK, like Law of Torts, Contract Law and Property Laws exist only in Common Law and, therefore, it assumes greater importance. Even in Australia, the Common Law practiced is derived from the UK Common Laws. There is a single Common Law prevalent in Austrialia and there is a common bond between the Common Law practiced in Australia and that found in the UK. The decisions of the House of Lords in England also forms the basis for judgment in many decided cases in Australia , and even today, the previous decided cases in the House of Lords forms the basis for judgment passed regarding Common Laws practiced in Australia. STEP 2: The tort of negligence includes the following aspects of the law such as the duty of care to be shown, breach of duty on the part of the defendant, factual causation, legal causation or remoteness and damage. The Australian Common Law says that the defendant must have a duty of care towards the claimant. The claimant must prove that the defendant has breached his duty by not exercising reasonable care. The first aspect is whether the defendant owed a duty towards the claimant. The second aspect relates to whether the duty has been breached. Again for the case to hold good, it is also necessary that the particular act were the cause of the loss or damages suffered. Again the aspect of how remote or close the action of the person caused harm to the claimant should also be assessed. Finally even though the breach of duty of the defendant has been proved, the negligence should have caused injury to the claimant, as a direct result of breach of care on the part of the defendant. (a) The case mentioned is regarding unintentional trespass on the part of Mary Jane, and as

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