Issue 1: Peter wishes for suing the Wollongong council in negligence for his economic loss of 1
million due to the road widening proposal. To sue for negligence, the first thing is needed to prove is
that if the Wollon
...
Issue 1: Peter wishes for suing the Wollongong council in negligence for his economic loss of 1
million due to the road widening proposal. To sue for negligence, the first thing is needed to prove is
that if the Wollongong council owe peter the duty of care or not.
Rule 1: Torts of negligence is the law which protects the people from the harm or damage conducts
by others by the predictable consequence of their actions.
Negligence occurs in many different social contexts, including on the roads, in the workplace, or
through negligent medical care or professional services. The common law tort of defamation has
long protected personal reputation from untruthful attacks. (Australian Government, n.d., Immunity
from Civil Liability)
In order to right to redress in a negligence action the claimant should prove on the balance of
probabilities that they have been the victim of a tort which includes the defendant owed them a duty
of care. It is the first step to check the balance of civil action.
Again, to prove duty of care the ‘Neighbour Test’ is required. Neighbour are the people who are
directly or indirectly related by the action of ours. If there is reasonably foreseeable that our
conducts could injure our Neighbour to whom w
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