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Name of student: Pawandeep Kaur
Student ID: 30365734
Topic co-ordinator: Juliana Graham
This assignment is about to discuss, if there are any rights and claims under which the couple Joe
and Kamela are entitled to claim for the sustained injuries under the tort law and view the
circumstances that they can sue the liable party under the Australian Consumer law.
In this assignment, I will discuss the rights and obligations of tort law and Australian Consumer
law. Under what situations the tort law exercises.
I am going to discuss the tort of negligence law with the help of case references and what
rewards for incurred damages Joe and Kamela can claim.
1. Rights of Joe and Kamela to sue under the tort law
1.1 Introduction of Tort of Negligence
Law , what is Law? This is the question arises when we talk about law that what is it. The answer
is law can be defined as rules, principles or policies framed by the parliament of the country. In
other words, law is made by the selected representatives and judges of the country. Law is
maintained to protect the rights and responsibilities of the nation’s public. Law is further
categorized into various categories. 1 Tort of negligence is one from those categories, it is
formulated to assure the rights of people. The legal term ‘Tort’ comes from the French word
“wrong” which means civil wrong. Negligence refers to unsuccessful duty of care. This law
conserves the person, property and any economic loss incurred by any other person as a result of
negligence. The person who gets injured by the negligence of other party have the full right to
sue and claim compensation for the loss. The tort law considers various elements while dealing
with a case, such as duty of care owed by every person to another person because of the duty not
to cause harm, breach of duty of care that is a standard enforced by law to ensure whether there
1 Latimer, P. (2012). Australian Business Law 2013. 32nd ed. Sydney, N.S.W. CCH Australia Limited.
is a negligence or not. Finally, the damages which are incurred to a person because of the