Civil Liability Act Assignment Sample

Law of Torts

Issues

• Who is responsible for Steven’s injury?
• Whether Mohan is liable for the duty of care for the incident caused?
• Whether the act committed cover negligence

Rule

Civil Liability Act 1936

• Section 3(1) accident: which means an action or incident caused and due to which a person is injured because of the vehicle included in the activity.
• Contributory negligence: this means that an individual who suffers because of the failure and exercise reasonable care and talent or skill for the protection of his/her interest.
• Negligence: this means a failure to apply to reasonable care and talent or skill which also includes a breach of contractual, tortious, and statutory duty of care.

Civil Liability Act 2003 (Qld), Schedule 2 Duty of Care.

Application

In the light of present facts and circumstances of the case, the act which is caused falls under the Civil Liability Act 1936, as Steven is in hurry to get to the train and crossed the road through the pedestrian crossing while the signal was flashing. By looking into the situation, it seems that Steven was negligent while crossing the road and neglected the traffic signal which was red and crossed the road in rush. Section 3(1) defines negligence, which means an act committed by an individual by not exercising the reasonable talent and skill it also included the breach of statutory duty of care. Schedule 2 of the Act, says that the duty of care means to take reasonable care to apply or to exercise the skill and talents. In the case of Thistle Co of Australia Pty Ltd v. Bretz [2018]QCA 006, it was held that the act of negligent was on the part of Thistle, it breached the duty of care by staying aware of a reasonably foreseeable risk and not doing anything to ignore and avoid it, the risk caused by Thistle had caused Mr. Bretz to suffer injuries and the fall which caused him injuries (Case note QLD).

In the present case, Steven was negligent and ignored the traffic light which was red and crossed the road therefore, such action of Steven caused him to meet with an accident by Mohan and spent some days in the hospital. Further, Mohan is not liable for the act caused due to the negligent action of Steven and is not liable for any breach of duty of care or act of negligent action. Neither the act committed was of contributory negligence, as Section 3(1) also defines contributory negligence which says that an individual who suffers because of the failure and exercise reasonable care and talent or skill for the protection of his/her interest from both the parties which are involved in it.

Steven is liable for the actions caused to him by his breach of duty of care and staying negligent while crossing the road in the rush to reach the train. The act committed is over the negligence of one party and the loss also suffered by the same party in direct connection with the other party. Mohan was not negligent on its part and also is not liable under the Civil liability Act 1936.

Conclusion

Abovementioned facts and discussion state that the act of rush and accident are interconnected, therefore, Steven was negligent on its part and avoided the signal of a red man flashing also crossing the road in a rush, such commencement of action caused the accident and so the other party Mohan is not liable for the accident in any manner. The advice to Steven shall be that he should have been more careful while committing such acts of negligence and avoiding the rules of traffic and crossing the road. the advice shall change if Steven walked across the road, as then the action of Steven would not have been counted under the act and would have also not violated the duty of care and facility for himself and others.

References for Law of Torts

Civil Liability Act 1936, https://www.legislation.sa.gov.au/LZ/C/A/CIVIL%20LIABILITY%20ACT%201936/CURRENT/1936.2267.AUTH.PDF

Civil Liability Act 2003 (Qld). Case Notes, Negligence and Risks, https://www.ruleoflaw.org.au/negligence-and-risk-qld/

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