Defendants breif on negligence essays

Defendants breif on negligence essays Plaintiffs Brief on Negligence v. ) IN THE MOCK TRIAL COURT OF AUSTRALIA PLAINTIFF ESTATE OF DORIS DAYLIGHT The court should compensate Mrs. Daylights Estate for: 2. Mrs. Daylights unborn child becoming HIV positive, 3. The foreseeable result of the plaintiffs alleged actions, her inevitable premature death 4. Pain and suffering, which she will endue in the brief period before her death and her childs death and 5. Exemplary damages awarded to discourage this type of alleged negligence. The tort of negligence is doing or failing to do something, which involves conduct, which falls below the standard regarded as normal or desirable by the community . The elements which must be proven before a defendant can be found liable for negligence are: 1. The defendant owed the plaintiff a duty of care, 2. The defendant breached this duty of care, and 3. This breach of the duty of care caused the plaintiffs injury. The first element of negligence is that the defendant owed a duty of reasonable care to the plaintiff. Reasonable care must be taken to avoid acts or omissions which can be reasonably foreseen to injure your neighbour . Clearly Doris is Eggleheads neighbour as she is someone who is likely to be affected by any of the doctors acts or omissions due to her relationship with Rock Hard. Dr Egglehead owes a very high standard of care to his patients concerning their health. The health and welfare of a patient is a doctors paramount duty, higher even than his duty to maintain confidentiality . It is clear from the facts of this case that Dr Egglehead owed a high duty of care to Rock Hard and Doris Daylight and that Doris Daylights infection can be directly linked to the defendants blatant breach of this duty. The plaintiff is within the class of persons who were at risk of foreseeable injury if the defendant failed to properly coun...