新西兰犯罪学论文代写:过失侵权行为法

新西兰犯罪学论文代写:过失侵权行为法

过失侵权行为法是为了保护人们的利益,确保在有责任的情况下,他们被给予损害赔偿金。在侵权案件中,过失侵权行为有五个关键要素。它只是基于对这些因素的仔细分析,即侵权行为法将被交付。

第一个元素是“职责”。过失行为只有在有义务存在时才可以得出结论。当一个人对另一个人负有责任而不履行职责时,他就可以说他们是疏忽大意。这一义务必须得到法律的承认,在这种情况下,当陪审团发现被告没有履行他的义务时,那就被称为“违反义务”。违反义务是第二重要的因素。一旦责任关系建立,当被告因过失而承担责任(根据法律承认的关系),他就不能履行这段关系的责任,那么他就会说违反了他的职责。责任关系是立法的;但是,是否发生违约是基于上下文的。在这里,陪审团将负责分析事实,以查明问题的人是否行使了合理的照顾,并负有一般责任。

第三个重要因素是“事实的原因”。事实上,原告要证明被告的行为或不作为是造成伤害的原因。这被称为“但对于被告的行动,原告可能不会受伤。”近因是另一个因素。在近因的背景下,它是被定义的被告的范围。

新西兰犯罪学论文代写:过失侵权行为法

The tort law of negligence serves to protect people and ensures that they are awarded damages when the duty of care that is applicable to them in a responsible situation is denied to them. In a tort case with respect to negligence there are five key elements that will be considered. It is only based on the careful analysis of these elements that the tort law holding will be delivered.
The first of these elements is the “duty”. A negligent act can be concluded only when there is an existence of a duty. When a person owes a duty to another person and does not fulfil it, then it can be said that they were negligent. This duty has to be recognized by law also and in such a case when the jury finds that the defendant has not performed his duty of care, then it is called a “breach of duty”. Breach of duty is the second important element. Once the duty relationship is established when the defendant liable for negligence (as recognized in the relationship according to the law) fails to meet the duties of that relationship then he would said to have breached his duty. The duty relationship is legislated; however whether the breach occurred would be based on context. Here the jury will be tasked with analyzing facts to find out whether the person in question exercised reasonable care and was being generally responsible.
The third important element is that of the “Cause in Fact”. A cause in fact is the way for the plaintiff to prove that the actions or the inaction of the defendant was what caused them harm. This is stated as ‘But for the’ defendant’s action the plaintiff might not be injured. Proximate cause is another element. In the context of proximate cause it is the scope of the defendant that is defined

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