Tort Law- Occupiers Liability Law Research Paper Essay (Research Paper Sample)
Type of service: Academic paper writing
Type of assignment: Research Paper
Subject: Law
Pages / words: 5 / 1500
Number of sources: 4
Academic level: High School
Paper format: Harvard
Line spacing: Double
RESEARCH PAPER QUESTIONS – Tort Law
TOPIC – Occupiers Liability - (approx. 1200 words)
Ashley usually shops in Blackburne shopping centre. One day, when she was walking through
the aisles of the “Superfood”, her favourite grocery store in the shopping centre, she slipped
and was seriously injured. The floor was wet and there was no signage to notify the shoppers.
She broke both her right leg and arm; her ankle was twisted and elbow and lower part of the
right arm was fractured. She was rushed to the hospital and underwent an operation, and was
treated in the hospital for two weeks. She could not work for three months. Due to this
unexpected event, she suffered, physically, mentally and financially. Ashley is planning to take
legal actions against Superfood, under occupier's liability in tort law.
Considering the above scenario and discuss the following questions.
A. What is the law (applicable standards) in relation to occupiers’ liability in common law
and its application in Victorian statutory law? Consider the Occupiers Liability Act 1983
(VIC) and s 14B of the Wrong Act 1958 (VIC). Use a minimum of three case laws decided
in Australian courts in relation to occupier’s liability. Your focus should be the duty of
care and the breach of duty of care. (900 words).
B. Does Superfood hold a duty of care as occupier to prevent any foreseeable damages
that may cause its visitors/ customers? Discuss, (300 words).
TORT LAW- OCCUPIERS LIABILITY
By (Name)
Course
Professor’s Name
Institution
Location of Institution
Date
Tort Law-Occupied Liability
The occupiers’ liability legislature was enacted in 1983-2002 in the Australian jurisdictions, and it generally addresses the duty of landowners to their clients who used their land (Johnstone1983, p 512). Later it was argued that the duty of the landowners could be extended beyond land ownership since landlords might transfer that duty to other individuals; this suggestion replaced the term owner with the occupier. Thus, occupiers liability may be termed as a form of negligence, implying that breach of duty and duty of care, causing damage. The acts of remoteness apply to the occupiers’ liability in the manner that corresponds to the negligence claim application. Additionally, it should be understood that liability arises the occupiers’ omissions due to the relationship that triggers the essence of taking action ensuring visitors safety. The occupiers’ liability concerns can be related with tort law in the common law as well as its application in Victoria statutory law and can be acknowledged from three examples of occupiers’ liability cases evident in Australian courts as well as in the presented Ashley injury scenario.
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