Construction Law and Legislation (10 pages)

Part 1: Law of Tort Case Study

The tort of negligence is critical in tort law since it helps ensure that people take responsibility for protecting others and prevent harm due to negligence. In case people engage in activities that endanger the lives or welfare of others in construction or any other aspects, the victims can press for a lawsuit to compensate for the sustained injuries. To do so and to succeed in the case, the victims must prove that all the elements of negligence were violated and harm was sustained. The accused party must prove that they safeguarded all these elements and thus are not guilty of negligence. The ability of each party to prove their case determines the course of the case and the likely outcomes. This section focuses on the Darcy Constructions Pty Ltd case study to determine causes of action, liabilities, and possible defenses.

Duty on Care

Duty of care is the first element of negligence. It relates to whether the accused person was responsible for caring for the injured person ("Negligence in Queensland," 2022). Whether or not there is duty of care determines how negligence cases turn out. A duty is established when it is acknowledged that there is a connection between the plaintiff and the defendant calling for the later to act in a specific way. The first issue is whether Darcy constructions owed a duty to the student. To understand this scenario better, we can consider a case where a defendant was loading grain sacks on a vehicle and hit a person with one of the bags. The defendant in this case has a duty to protect the person if the loading dock was close to a common area, where the person was...................................................