LEGISLATIVE FRAMEWORKS Essay Example | Topics and Well Written Essays - 1000 words

LEGISLATIVE FRAMEWORKS - Essay ExampleThe reasonable man test1 has been used to establish the avocation of business organisation in most cases. In Adeels Palace Pty Ltd v Bou Najem, the court open that the owner of licensed expound owes a duty of care to completely patrons of the premises to prevent them from detrimentful acts of other patrons.The defendant should have breached the duty of care owed to the plaintiff for liability in negligence to arise. The defendant is in breach of the duty where he fails to exercise reasonable care while fulfilling the duty. Establishing breach is a question of fact in most cases.2 In Doubleday v Kelly, the court established that failing to supervise a child who would probably engage in s harmful activity amounted to a breach of the duty of care. The defendants action should have been the immediate drift of the injuries suffered by the plaintiff. The defendant becomes responsible for those injuries that he could have foreseen under the circ umstances of his actions.3 Otherwise, the plaintiff cannot prove that the actions of the defendant were the proximate cause of the injuries suffered. In Imbeere v McNeilly, the court established the standard of a learner driver, stating that the supervisor should take reasonable care to avoid causation of accidents. The harm or injury caused to the plaintiff must be legally recognized. The harm should be physical to a person or the persons property. The amends must be actual4 to the person owed a duty of care.Driving on public lanes and roads means that the driver has a legal duty to all other drivers, motorists, cyclists, and pedestrians. Phil, therefore, owed a duty of care to Collins as a cyclist on the road. Phil failed to exercise reasonable care in fulfilling his duty as a driver. Before taking a move, he should have looked at the persons beside, in front, and behind him to ensure no accident occurred. This breach is the proximate cause