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Which of the following is an example of a tort? (A) A hit and run driver kills a pedestrian and is charged by the police - HSC - SSCE Legal Studies - Question 9 - 2001 - Paper 1
Question 9
Which of the following is an example of a tort? (A) A hit and run driver kills a pedestrian and is charged by the police. (B) A driver is found to have a blood alc... show full transcript
Worked Solution & Example Answer:Which of the following is an example of a tort? (A) A hit and run driver kills a pedestrian and is charged by the police - HSC - SSCE Legal Studies - Question 9 - 2001 - Paper 1
Step 1
A person falls into a trench left uncovered by road workers and sues the Roads and Traffic Authority for damages.
Answer
This option is a clear example of a tort. A tort occurs when a person experiences harm due to the actions or negligence of another. Here, the road workers' failure to cover the trench represents negligence, leading to an injury that the affected person can seek compensation for through legal action. The injured party is entitled to sue the Roads and Traffic Authority for damages resulting from this incident, thus classifying it as a tort.
Step 2
Step 3
A driver is found to have a blood alcohol reading of 0.09 and is charged with drink driving.
Answer
This describes an offense under criminal law related to driving under the influence, not a tort. It does involve responsibility for actions but is typically handled through the criminal justice system rather than civil liability.
Step 4
A building supplier fails to deliver a load of bricks as arranged and is sued for damages.
Answer
This situation involves a breach of contract rather than a tort. Although it results in legal action, the issue here concerns contractual obligations rather than a violation of duty leading to harm.