Negligence: Case Analysis Of An Act Of Negligence

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The law The tort involved in this case is that of negligence, which is defined as the breach of an individual’s duty to take reasonable care in situations where damage has occurred to another person or organisation (Legal Services Commission, 2013). The main purposes of laws against negligent behaviour is to provide compensation for victims whom have suffered or made at loss at the hands of a negligent party or to deter members of the community from participating in negligent behaviour (US Legal, 2016). To successfully prove that an act of negligence has occurred, three elements need to be proven, beyond reasonable doubt (Tomson Reuters, 2016). The first of these elements is that a duty of care was owed to the person. To prove this …show more content…

He would receive payout for his damages. There are various types of payouts ranging from future medical services to loss of life enjoyment (Tomson Reuters, 2016). The payouts that are most likely to be suited to this case are for future economic loss, as he has lost his career and an NRL star, and for medical expenses and any adaptations that may be needed in his house. Payouts for general damages, specific damages and future economic loss. General damages are measured on a numerical scale from 1 to 100 and the payout is determined from this. Specific damages include the cost of adaptations to a person’s house and other living necessities that are impacted by their injury. Future economic loss is if they are unable to return to work or their playing career in Alex’s case. The worst case scenario would be if the defendant successfully defended the case and found that the NRL were not liable for the injury and its losses. 5. Consider all Stakeholders · Alex MacKinnon · Family

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