Liability Law Coursework Research Paper Coursework (Coursework Sample)
defenses in tort.source..
13 November 2019
The Plaintiff Defences
Tort refers to a wrong committed against a person and which the injured party can claim damages upon filing for damages from the defendant. In our case, Neal's mother is our plaintiff, whereas the Outdoor Outfitters is the defendant. There are several defences which the plaintiff can bring forth against the defendant, and there are also several claims that the defendant can pose to reduce the charges against himself.
The first actionable defence which plaintiff can charge against the defendant is negligence in is standard of conduct. She can claim that the defendant knowingly sold a pair of skis to a minor. Secondly, she can claim limited duty in the sense that the defendant failed to act reasonably and exercise a duty of care. That is, he should have explained the likely injuries to an adult and thus the need to take precaution to prevent the injuries from occurring. Also, she can claim negligent of proximity cause in the sense that he failed to give instructions to an adult who would foresee that the minor is trained before he went skiing CITATION Law17 \l 2057 (Law).
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