As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...
Essays on Chain Of Causation
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The case at hand deals with the plaintiff’s contraction of Tuberculosis while being incarcerated by the state. The predicament involved in this cases brings up many issues pertaining to whether the state can be liable for the causation of tuberculosis while a plaintiff was in their correctional facility and whether the state has unlimited liability pertaining to the defendant’s contraction of tuberculosis, (“Dudley Lee v. Minister for Correctional Services,” 2012). This paper will conduct a discussion on the issues of causation and unlimited state liability and assess whether the state in fact caused the plaintiff’s contraction ...
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