Assignment Questions On Business Law

1930 WordsMay 19, 20168 Pages
CO5119 BUSINESS LAW STUDY PERIOD 1 - 2016 ASSIGNMENT 2 STUDENT NAME: AVISHA WADHWA LECTURER NAME: MARCUS KATTER STUDENT ID : 13348024 DATE OF SUBMISSION: 19/05/2016 Part (A) ISSUE: Does Paul will succeed in instituting legal proceedings against Wayne for the damage caused due to negligence? Relative Law: Keeping in view the provisions contained in Civil liability Act 2003 (Queensland) and the judgement passed in the case of Donogue V/S Stevenson 1932 and in case of Du Pradal & Anor v Petchell [2014] QSC 261 there was a breach of duty in the issue discussed above to take precautions on the part of defendant (Wayne) causing a damage to the plaintiff (Paul) and that risk of harm i.e. injury caused to Paul could have been avoided by doing something in a different way or by taking adequate precautionary measures. APPLICATION:As per Australian Common Law there is no offer and Acceptance between Paul and Wayne which would give rise to a contract and since there is no contract there can be no breach of contract to institute legal proceedings to claim damage on part of the plaintiff. NO OFFER NO ACCEPTANCE . However in consideration with the precedent followed in the case Donogue V/S Stevenson 1932 and in case of Du Pradal & Anor v Petchell [2014] QSC 261
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