ISSUE: Will Kim be successful in suing the Ipswich council?
Under tort of negligence, in order to be successful, claim must require the following properties as per Law in Commerce (5th edition) Sweeney, B., O’Reilly, J. and Coleman, A.
PRIVITY OF CONTRACT:
According to law, suit can only be filed by the contracting parties. Third party (i.e. party not a part of contract) cannot file a suit except in certain specified situations such as in case of principal agency relationship.
Under tort of negligence, only neighbor are required to comply with duty of care. To identify neighbor one must consider the following criteria:
“neighbor is the person whom is supposed to be affected by your activity or any person which must consider before doing any work.”
In order to be successful, a claim of tort must fulfill the following conditions:
Does the Ipswich council owes a duty of care to Kim?
After analyzing the scenario it can be concluded that the Ipswich council owes a duty of care to all the visitors that come to visit the Hill.
Was there a breach of duty of care by the Ipswich council?
In order to prevent the visitors to go beyond the specified area the council has placed a two meter fence however, no warning signs were placed to educate people of the potential danger.
It seems that not only the cliff was very much insight of the coming visitors, the fence was also reasonable enough to stop visitors going beyond the cliff.
All conditions seems to favor the council except for the fact that warning signs to aware the visitors needs to be placed and the fence must be made high enough to reach a reasonable men’...
... middle of paper ...
...any danger exists to open the container.
From all the utilization of the principles with respect to the item fabricating in appreciation of tort of carelessness. It can without much of a stretch set up that Antonio won 't get any harms in such manner in first endeavor has organization ruptured its obligation of consideration court can release the case since it is normal practice to utilize that sort of top by Wining organizations is a custom to utilize.
On the off chance that it is gathered that organization breaks its obligation also how to open the top than organization can take the guard that client of a wine bottle must have the information how to open and it 's a powerlessness of danger that each client must open itself to this danger when utilizing the container. Hence Antonio won 't succeed in his case against the Winery Company.
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