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It so appears that any of the signs relating to the upcoming chain barrier blocking the entrance to the park not only for the cars but for the cyclists as well. It therefore appears that the Council of the city district had failed to exercise its duty of care as required by the tort laws. The failure to display necessary road signs may have had a direct involvement in the injury suffered by Lance and resulting emotional distress suffered by Cadella. However before arriving at any conclusion we will now look at each element that must be present to prove the claim for the tort of negligence committed by the Parramatta Local Council.

Negligence is basically the failure by one person to take and exercise reasonable due care in performing his legal duties. (Merriam-webster.com 2015). Exercise of prudence and reasonable care ensures that the actions of the person do not harm the other in any way and this is the objective behind the tort laws. The main question that the law would seek to answer in the aforementioned case study is whether the harm suffered by Lance and Cadella can be considered to be a direct result of the failure to exercise duty of care by the Council or did Lance failed to properly safeguard himself, say by not wearing the proper safety gear while riding bicycle and not taking adequate safety measures while riding. Claim for damages against the Council can only be brought and proved in the favour of Lance and Cadella, if it can be proved that the harm suffered by them was because of the failure to exercise reasonable care and fulfil the duty of care on the part of Parramatta Local Council (Section 40, Civil Law (Wrongs) Act, 2002).

 

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