Lee hires a plumber to repair a broken toilet - HSC - SSCE Legal Studies - Question 5 - 2003 - Paper 1
Question 5
Lee hires a plumber to repair a broken toilet. The repair work is faulty and causes flooding and major damage to Lee’s house.
Who must prove negligence in this scen... show full transcript
Worked Solution & Example Answer:Lee hires a plumber to repair a broken toilet - HSC - SSCE Legal Studies - Question 5 - 2003 - Paper 1
Step 1
Who must prove negligence in this scenario?
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Answer
In this case, it is Lee who must prove negligence. Since Lee is the party who has suffered damage due to the faulty repair work, he holds the responsibility to demonstrate that the plumber was negligent in his duties.
Step 2
What is the standard of proof?
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Answer
The standard of proof in this scenario is 'on the balance of probability'. This means that Lee only needs to show that it is more likely than not that the plumber was negligent. This standard applies in civil cases, which is relevant here.
