Question: explaination has to come with, issue- identify the immediate problem principle - identify the principle(s) of law involved application - apply the principle(s) of law

explaination has to come with,

issue- identify the immediate problem

principle - identify the principle(s) of law involved

application - apply the principle(s) of law to the facts given; and

conclusion - state the result of that application

-----------------------------------------------------------------------------------

a)JustbeforeJillsoldherhandbagshopshevisitedthewarehouseofBeta

HandbagSuppliesPtyLtdtolookatarangeofnewhandbags.Whileshewas

lookingthroughthevastrangeofhandbagsoneofthetallshelvesinthe

warehousefellonherandshesufferedsevereinjuries.Shewastakento

the hospitalfortreatmentforabrokenarmandheadinjuries.Shewasunableto

workforsixweeksandshehadtoemployamanagertorunhershopata

costof$6,000.Hermedicalcostswere$7,000andshesufferedextensive

painasaresultofherinjuries.BetaHandbagSuppliesPtyLtdtoldherthat

theshelveshadnotbeensecuredtothefloorproperlyandthiswasthecause

oftheshelvesfallingonher.

AdviseJillastowhetherBetaHandbagSuppliesPtyLtdareliabletoherintheTort

ofNegligence.Inansweringthequestionexplain:

1)

Whata'tort'is;

2)

What'negligence'is;

3)

Whattheelementsofnegligenceare;and

4)Howthecourtswouldapplyeachofthoseelementstothefactsaboveto

determinewhetherBetaHandbagSuppliesPtyLtdwasliabletoJill

(b)WhatdefencesareavailabletoaclaimofnegligenceandwouldBetaHandbag

SuppliesPtyLtdbeabletorelyonanyofthesepossibledefencesinthe

examplein(a)above.Givereasonsforyouranswer.

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