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Commercial Law Assignment (BULAW5914)
Student ID-30362784
Student Name- Pooja Rani
Question 1.
Issue

ISSUE:
Advise Priya and Rahul what rights they may have to sue in the tort of negligence. Please refer to case law principles and statutory provisions in your answer

1. Advise Priya and Rahul what rights they may have to sue in the tort of negligence. Please refer to case law principles and statutory provisions in your answer.
In law, tort of negligence means the breach of a legal duty to take care which results in damage, undesired by the defendant to the plaintiff. As per the Australian consumer law (ACL) Priya and Rahul have the right to take action against the
Three elements to be established
1. Duty of care was owed by D to P
2. There was a breach of the duty of care
3. P suffered damage as a result of the breach

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