Blaw Law of Tort

Ngee Ann Polytechnic School of byplay &038 Accountancy Diplomas in ACC, BIT, BS, BFS &038 IBZ Business Law LAW OF TORTSTUDENTS COPY Tutorial Questions Section B caper Questions (Use LAC format to answer, with supporting cases) 1. Last month, Raj bought a pair of Flying bird of Jove inline skates from his neighbourhood shop. Flying Eagle inline skates are made in a factory in Tampines owned by the Kang Brothers. Un cognize to Raj, the particular seat of inline skates had a manufacturing defect. Two weeks ago, trance Raj was skating down the Bukit Timah Hill, the brakes on the skates failed, causing him to roll down the hill.Raj suffered multiple bruises on his head, elbows and knees and a fling of his right wrist. Raj was hospitalised and was unable to work for three weeks as a part-time delivery boy at the Prata Hut. Required a) Advise Raj whether he provoke successfully claim compensation under the tort of negligence. Legal principals oversight is not doing just aboutthing that a presumable man would do, or doing something that a reasonable man would not do. A employment of care firstly requires real forseeablility owed to both soulfulness whom we can reasonably foresee will be injured by our acts or omissions to test the remoteness of violate.It is also known as the neighbour principal. Secondly, there essential be legitimate proximity based on the closeness and straight offness of the relationship among the parties, physical proximity or casual proximity. Lastly, there is a friendship of all policy matters applicable to the situation which might remove the duty of care which had been established. Whether or not the duty of care is breached determines on the trite of care expected from the soul who owes the duty. Factors give care the level of skill, likelihood of damage and seriousness of the injury are taken into consideration.The plaintiff must therefore show that he suffered damage or redness as a direct result of the defendant s breach. This can be make using the entirely for test, in which if the plaintiff would not have suffered damage but for the defendants negligence, then the negligence is a direct result and breach of duty of care. Application Flying Eagle owes its customers a duty of care to ensure that its skates are free of defects. It is factually foreseable that if the skates had defects, the person wearable the skates will eventually be injured.There is casual proximity twisty as the skates were bought from a shop that sells Flying Eagle skates. Using the but for test, Raj is most likely not to have suffered injuries if there were not any defects. Conclusion In conclusion, Raj is able to sue Flying Eagle for insurance regarding his hospitalisation fees and loss of income. b) Discuss briefly whether it will make a difference to your answer if the medical report showed that the injuries suffered by Raj could have been slight serious if he had worn a safety helmet, and protective pads while skating.Under the Contributory Negligence and Personal injuries Act, the plaintiffs injury was part contributed by his own switch. The court will apportion the liability among the parties. In Rajs case, his injuries would have been less serious by wearing his safety equipment. Thus, the extent of injury was partly contributed by his own fault and he will not be able to claim as much compensation as compared to the first scenario. 2. Wanda was very unhappy with her boss, Glenda.After she resigned, she contumacious to vent her frustration by sending e-mails to her companys clients and some of her colleagues that her boss is a fraud and a tyrant who runs the company like an army regiment. These statements are totally untrue and the companys clients do not have a good opinion of Glenda anymore. In fact, since the e-mail started circulating, the companys business has suffered badly. Required a) Advise Glenda whether she will be successful if she sues Wanda for defamation. Legal pri ncipalsDefamation occurs when a statement is print which leads to the lowering of a persons reputation in the estimation of members of society. The accused must have made the publication with the intention to harm the reputation of the person defamed, and knows or believes that such injury will result. This constitutes as a barbarous offence under the Penal Code (Chapter 224). However, under the law of tort, no intention needs to be proved,Damages are presumed to result from a slander (written statements) and no necessity to prove actual loss capable to world measured in monetary terms.Slander requires proof to special damage. For the statement to be considered as defamatory, it must be published and sent to any person other than the person who is the subject of the statement, untrue and effect of lowering a persons reputation generally. Application Wanda is guilty for defamation because her statements were published in the form of emails and she had the intention to harm Glendas reputation as she was unhappy with her. Also, there were damages in the form of business loss and this is capable of being measured in monetary terms as well. ConclusionGlenda will be successful if she sues Wanda for defamation. b) What are the possible remedies available to Glenda in this situation? She will be awarded damages to compensate for the loss of reputation. The meat of damages may bbe aggravated by malicious motives and the prominence of both the plaintiff and defendant, seriousness of the libel and the manner and extent of the publication as well as the conduct of the defendant. Glenda can also seek an requirement to prevent the future publication of any defamatory matter and decease of all defamatory materials published.