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Part A HF'F-PPJNT' Describe the law of tort in your own words with examples. List the 3 ingredients required to prove negligence. Explain the neighbor
Part A HF'F-\"PPJNT' Describe the law of tort in your own words with examples. List the 3 ingredients required to prove negligence. Explain the neighbor principle. What is the test for deciding breach of duty? (State the case as well) Explain the defense of contributory negligence. Explain the defense of consent. How is professional negligence different from the basic claim of negligence? Waja arrived at \"Proton lnn" restaurant for dinner. After having a look at the menu, Waja ordered the Lamb Chop. A while later, Waja was served with his Lamb Chop. Before eating his Lamb Chop, Waia noticed that the Lamb Chop had a different smell. As he was already hungry, Waja had begun eating his food without checking to see the reason for the different smell. Having enjoyed his meal, Waia had paid for his food and left the restaurant. Upon arriving at home, about an hour after having his meal, Waja suffered severe food poisoning and was rushed to the hospital. Upon being checked by the doctor. Waia was informed that the food poisoning was caused by consumption of spoilt meat. Just at that moment Waja remembered eating the Lamb Chop at Proton Inn and that the meat did have a different smell when it was served. Advise Waia Part B 1. Discuss whether negligence may be successfully proven in the following scenarios: a) Hannah is shopping with her three children at Setchaya. a large shopping centre. It has been raining heavily all day and the oor of the foyer is very wet. Her two year old son, Alvin, decides to run away and investigate the shops. Hannah attempts to chase him and falls on the tiles. suffering a fractured leg. Could any action be taken against the centre as an occupier? b} Lucky is a dog owner who often walks his dog local council's parkland. There are a number of playing elds at the park. including a number of football pitches. One summer afternoon, Lucky and his friend Wilson, were walking through the parklands while a football game was on. A ball was kicked and hit Lucky's head causing concussion. Lucky wants to sue the council for negligence. c} Gary ran over and badly injured a child on a pedestrian crossing. The child's mother who was standing nearby suffered severe shock and required medical attention. Hugh. who did not know the child. saw the television report of the accident that night and became violently ill when he saw pictures of the blood on the read. What is the probability of claim by: i. The child ii. The child's mother iii- Hugh 2. Explain the difference between assault and battery under the tort of trespass to person. 3. Explain the essential elements to prove false imprisonment. 4. Explain the offence of defamation and give examples to support your
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