ASSIGNMENT COVER SHEET

STUDENT DETAILS

Student name: Trinh Phuong Uyen Student ID number:

UNIT AND TUTORIAL DETAILS

Unit name: Business Law Unit number: BL-T12324PWB-1

Tutorial/Lecture: Lecture Class day and time: Saturday 8:00 a.m
Lecturer or Tutor name: Bryan Richard Wicks

ASSIGNMENT DETAILS

Title: Essay: Problem Question

Length: 1658 Due date: 03/11/2023 Date submitted: 03/11/2023

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This essay provides a legal analysis of Bao’s actions in the context of negligence and battery
torts. Based on the facts presented, it is concluded that Bao has committed both legal wrongs
and is liable for the consequences that may arise from such transgressions. The essay also
discusses the elements of negligence and battery, how Bao satisfies them, and the defenses he
might raise. Furthermore, it explores the policy considerations behind these torts and their
impact on Anh and Bao.

First of all, negligence is defined in law as the inability to adhere to a code of conduct
designed to shield society from unjustified risk. In most cases involving personal injury and
property damage trials, negligence is the primary cause of tort liability. The elements of
negligence, which are crucial in the realm of law, comprise four distinct components that
must be meticulously analyzed and evaluated to establish liability and determine the extent of
legal responsibility. The first element, duty of care, enforces a legal obligation on individuals
or entities to exercise a reasonable standard of care, caution, and prudence towards others,
ensuring that their actions do not cause harm or injury.The violation of responsibility, the
second factor, arises when the person or organization neglects to fulfill their duty of care,
thereby deviating from the anticipated standard of behavior. It encompasses acts or omissions
that fall below the established legal standard, resulting in a breach of the duty owed to others.
The third element, causation, delves into the intricate relationship between the breach of duty
and the resulting harm or injury. It demands establishing a direct connection between the
careless deed or exclusion and the real harm experienced by the sufferer. Lastly, injuries, the
fourth component, pertains to the actual detriment or harm endured by the sufferer as a
consequence of the offender's violation of obligation. It encompasses both corporeal and
psychological harm, economic loss, and any other detrimental consequences encountered by
the sufferer. Bao shows negligence in his conduct, fulfilling the duty to drive safely by
neglecting the speed limit. This breach of care is worsened by his lack of attentiveness and
engaging in distracting activities. These actions violate the expected standard of care and
increase road risk. Bao's actions directly cause severe injuries to Anh, leaving no doubt of the
causal link.

Different from assault, which is the act of causing fear of such contact, battery is a crime
involving unlawful physical contact. Although the term "battery" is more often used to refer
to any unlawful, offensive physical contact with another person, it really refers to a specific
common law violation. The elements of battery, which encompass intentional act, harmful or
offensive contact, causation, and lack of consent, are fundamental components that must be
thoroughly examined in order to gain a comprehensive understanding of this legal concept.
This intentional act serves as the foundation upon which the subsequent elements of battery
are built, as it is the initial step in establishing liability for this offense. The second element of
battery, which is harmful or offensive contact, is an essential component that must be proven
in order to establish a claim. This element refers to the physical impact that occurs as a result
of the intentional act, and it must be demonstrated that the contact caused by the defendant
was either harmful or offensive in nature. Causation, the third element of battery, is a crucial
factor that must be established in order to attribute legal responsibility to the defendant. This
element requires a direct link between the intentional act and the resulting harmful or
offensive contact, demonstrating that the defendant's conduct was the cause of the contact in
question. Lastly, lack of consent serves as the final element of battery, highlighting the
importance of voluntary agreement or permission in any physical contact between
individuals. In order for a battery to occur, it is necessary to demonstrate that the contact in
question was conducted without the consent of the victim. Bao completely fulfills the
necessary requirements that constitute the elements of battery, which encompass an
intentional act demonstrated through his reckless driving, the resultant harmful contact
exerted upon Anh, thereby causing her to endure severe injuries, and the establishment of
causation by directly precipitating Anh's injuries without her consent.

Based on the factual evidence presented in the case, the probability of Bao's defenses of
contributory negligence or assumption of risk proving successful appears to be low.
Contributory culpability is a legal defense that maintains that the plaintiff bears partial guilt
for their own harm. In the current situation, Anh, who was a pedestrian, was hit by Bao's
vehicle while crossing the street. It is improbable that Anh's actions can be deemed as
contributing factors to her injuries, as she was adhering to traffic regulations and utilizing a
designated crosswalk. Consequently, it is improbable that contributory negligence will serve
as a viable defense for Bao. The concept of assumption of risk, conversely, constitutes a legal
defense that posits the plaintiff's conscious acceptance of the potentiality of experiencing
harm. In the present instance, Anh did not willingly embrace the prospect of being hit by a
motor vehicle whilst traversing the road. Consequently, it is improbable that assumption of
risk would serve as a efficacious strategy for Bao's defense.

In a legal dispute, damages are sought by a party from the court to restore well-being. Anh
can recover damages including medical expenses, lost income, physical and emotional
distress, and other detriments. Medical expenses cover healthcare costs like hospital bills,
physician fees, medication, and rehabilitation. Lost income is the salary Anh lost due to her
injuries. Anh may be eligible for compensation for her lost earnings. Pain and suffering
includes physical and psychological distress from the accident. This includes agony, unease,
nervousness, despair, and other adverse feelings. The accident may also cause property
damage and loss of enjoyment in life.

The underlying rationale and deliberations that inform the legal principles governing the torts
of negligence and battery essentially revolve around the twin objectives of discouraging and
dissuading individuals from engaging in wrongful behavior, as well as providing redress and
recompense to those who have suffered harm as a result. Negligence law, as a legal construct,
endeavors to foster and foster a culture of reasonable and prudent conduct among members of
society, urging them to exercise due care and caution in their actions and interactions with
others, thereby minimizing the risk and potential for inflicting injury or damage. In reality,
this area of law operates as a mechanism to encourage and motivate responsible conduct, by
establishing a structure where individuals are held liable for their actions or omissions that
could lead to harm to others. On the other hand, battery law is primarily concerned with
safeguarding the bodily integrity and autonomy of individuals, ensuring that they are shielded
from unwarranted and non-consensual physical contact. By recognizing and preserving the
inviolable right of individuals to control what occurs within their personal physical space,
battery law serves as a protective shield against acts that violate this fundamental right,
thereby affording individuals the necessary protection and recourse against any form of
unwanted or intrusive physical contact.

The profound and notable effect that the case has had on Anh cannot be overstated. She has
suffered severe injuries and harm to her well-being. Her income has declined due to the
actions of Bao. This has compromised her financial stability and caused further harm. These
circumstances have caused immense suffering for Anh. The implications for Bao should not
be downplayed. He may face legal consequences and enduring effects on his life. The gravity
of these consequences cannot be minimized. Bao may also face financial liability and
struggle to fulfill obligations. This could have significant consequences for his well-being.

Tort law assumes a crucial position within the legal system as it assumes the responsibility of
discouraging and preventing wrongful behavior by imposing liability on individuals who
engage in such conduct, thus effectively holding them accountable for their actions.
Moreover, it acts as a means for granting indemnity and reimbursement to individuals who
have undergone injury as a result of the unlawful behavior, thereby guaranteeing that justice
is rendered and a sense of fairness is reinstated.
On the other hand, Bao's offense may change in certain situations. If Bao drove under the
influence of alcohol, it would be a serious offense. This is prohibited in many countries,
including Vietnam. If Bao had collided with Anh under the influence of alcohol, he would
have faced criminal charges. Conversely, if Anh crossed the street unlawfully, she would be
breaking the law. Pedestrians in Vietnam must follow traffic rules and use designated
crosswalks. If Anh broke the law while crossing the street, she would be responsible for the
incident. Additionally, if Bao stopped at the crosswalk and Anh fell in front of his car, it
would be considered an accident. Drivers should yield to pedestrians in crosswalks, and
pedestrians should not suddenly enter the street in front of vehicles. If Anh fell in front of
Bao's car, he would need to check on her and not leave. If Anh was injured, Bao could be
held responsible. If Anh was jaywalking or disobeying a traffic signal, she could share the
blame. It is important to be cautious and follow traffic rules to prevent accidents and ensure
safety.

In conclusion, the matter of Anh and Bao encompasses the legal concepts of negligence and
battery. Negligence relates to the lack of care shown by an individual in a specific
circumstance, resulting in harm being inflicted on another individual. Conversely, battery
constitutes an intentional tort wherein contact that is detrimental or offensive is made with
another individual without their explicit consent. Furthermore, the instance of Anh and Bao
serves to emphasize the importance of tort law in dissuading wrongful conduct and
compensating those who have experienced damage. It also emphasizes the imperative for
individuals to exercise prudence in their actions so as to prevent causing harm to others.
 References
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Criminal Assault and Battery Law | Criminal Law Center. (2023, October 16). Justia.
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An Introduction to Medical Malpractice in the United States. (n.d.). NCBI.
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