Torts

             The law of Torts is concerned with compensation for damage suffered as a result of another's acts or omissions.
             "These actions in Tort generally involve one person infringing the rights of another in circumstances that give rise to legal liability." (GRAY, Anthony, 1998:24)
             In this report, the plaintiff, C.D Wright will be advised in relation to negligence claims, whether or not she would be successful with her case against Jay. To do so, precedent cases have been researched and legal principles have been applied.
             Jay had invited C.D Wright over for a party to his ground floor duplex that he paid weekly rent for at the time. C.D Wright arrived shortly after the party had started. There was noticeably poor lighting and a great deal of noise. Jay was aware of the large hole his dog dug at the bottom of his steps, but made no attempt to fix it or make it visible. As a result of Jay's negligent actions, C.D Wright fell in the hole and hit her head on the concrete surface. Since her fall she has suffered severe headaches and would like to recover costs for the ambulance transfer and other costs not covered by Medicare.
             There are three elements of negligence that must be proven in order for civil negligence to be successful.
             1. The defendant must have owed a duty of care towards the plaintiff.
             2. The defendant must have breached this duty of care.
             3. As a direct result of the breach, the plaintiff has sustained damage.
             In this case C.D Wright is a licensee and Jay is the occupier. A licensee is classed as an individual who enters the property occupied by another individual with consent, but does not enhance the occupiers' economic well-being.
             "The occupiers obligation towards a licensee was to take reasonable care to prevent harm to him or her from a state or condition of the premises known to the occupier but unknown to the visitor, which the use of reasonable care on the visitor's part w...

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Torts. (1969, December 31). In MegaEssays.com. Retrieved 13:09, July 01, 2025, from https://www.megaessays.com/viewpaper/22886.html