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 ...
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Abstract
In the case of Patsy Slone vs. Dollar Inn, the case at hand involves the plaintiff suing the defendant for negligence that caused her an emotional distress on the fear that she could be having the AIDS virus after she was pierced by a needle while being a guest at the defendant’s establishment. This requires a compensation for damage even without evidence that the plaintiff actually contracted the virus. It is evident from the claim that although she did not have the virus, she had suffered greatly from the trauma and fear that she might have contracted the virus. As a result ...
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