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Essay / Research Paper Abstract
This 8 page paper, 6 pages of essay plus 2 page annotated bibliography, looks at a case study supplied by the student. A restaurant spills hot soup on a patron which burns them. Then the waiter suggests that whilst the patron is visiting the restroom they could pout some moisturiser on, which is in the restroom. There is also aftershave there, which the patron uses by mistake, causing further damage to his skin and scarring him for life. The paper looks at the case with reference to Australian tort law to assess any potential claim. The bibliography cites 9 sources.
Page Count:
9 pages (~225 words per page)
File: TS14_TEnegtortau.rtf
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Unformatted sample text from the term paper:
there is some moisturiser in the rest rooms that may help relieve the burn, The diner takes his contact lenses out and puts on aftershave instead of moisturiser and is
badly injured, leaving his face scared for life. The question seeks to determine if there is any action that the diner can take.
This type of case comes under the law of tort, Tort means a wrong, the term comes from tortum which means wrested, wrung or crooked (Ivamy, 2001). The
use of the word tort is usually used to signify as civil wrong that is not part of a contract or breach of contract (Ivamy, 2000). Torts are also actionable,
this means that they are grounds for a lawsuit, such as harm resulting in a claim by the injured party. The remedy of which is generally in the form of
monetary compensation for loss suffered. The main aim of tort law is to provide a route to gain relief for damages received
and costs incurred, at the same time as acting as a deterrent to others. In a case of tort there are several types of financial awards that can be given,
these include, but are not limited to; medical expenses, if reasonable and appropriate, loss of wages and loss of earning capacity, for example where there is a permanent physical injury
the potential future effect of the damage which was subject to the tort action. Therefore, awards may be existing damages and make
an allowance for future costs. There are three main categories of Tort, these are, intentional tort, negligent tort and strict liability tort. It is only under the negligence where there
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