Defendants breif on negligence

A detailed Summary of Defendants breif 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. Daylight's unborn child becoming HIV positive,

3. The foreseeable result of the plaintiff's alleged actions, her inevitable premature death

4. Pain and suffering, which she will endue in the brief period before her death and her child's 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 pl

aintiff. Reasonable care must be taken to avoid acts or omissions which can be reasonably foreseen to injure your neighbour . Clearly Doris is Egglehead's neighbour as she is someone who is likely to be affected by any of the doctor's 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 doctor's 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 Daylight's infection can be directly linked to the defendant's 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 counsel and advise AT to have an HIV test" .

www.pbs.org/wgbh/nova/doctors/oath_modern.html

4. The mental anguish of knowing that she and her child were going to die and be unable to do anything about it.

Some common words found in the essay are:
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Approximate Word count = 1374
Approximate Pages = 5 (250 words per page double spaced)

Category: Politics

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