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is it all injury the law protects?

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maxosaxo | 15:17 Sun 28th Oct 2012 | Law
55 Answers
does every complaint you have entitle you to a remedy in court?its a kwestn given to us to solve by tomorrow.pls help answer
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Very simply, "any injury or damage" doesn't necessarily end up as a successful liability claim. I used to work in insurance and yes, often people claimed for injury or loss (and sometimes it went to court), but it had to be proven that those being claimed against were negligent in their duty of care, before the claim could succeed. Many claims get thrown out...
22:18 Sun 28th Oct 2012
Ok, so you need to break down all the elements as what constitutes a proper claim and go through each referring to the approriate legislation and/or case law as appropriate.

Is there a particular part you are stuck on as it's easier to help there. If you are studying to degree level then you will need quite a bit of detail rather than the bare basics so if there is a particular part or concept you are struggling with that it would be best to ask about that.

We do see a lot of people on here seemingly being lazy and just wanting people to do all their work for them so people have little patience. If people show some effort in say asking about a particular issue then people are far more willing to help, many people get stuck sometimes or find certain concepts difficult to get their head around at first.
Question Author
i understand @jenna.its alright if that's all you got for me.i could work with that. and, no there's no specifics and no particular area I'm having problems with.just that question in general
Ok, well, what do you think the question means and what have you got so far?
'Complaint' is a very vague term
What you could do is have a brainstorming session.

Write down what you understand - typing will be better - the areas, ideas, examples, even just things you know you need to cover but aren't sure how. Therefore the basic beginnings come from you rather than just coping bits you think relevant and rewriting them but not necessarily understanding them - it's crucial for studying to practice law that you can understand, not just recite.

Then get it into some kind of an order (you might find you have more than you realise) and go through it alongside any textbooks you have to see if you have got all the main points you need to cover - add extra headings/sections as needed. Then you can see what you have, what you don't and at least a skeleton of a piece of work you can then work through in sequence, doing extra research as and when you need to or asking further questions about bits you really don't understand.
Excuse my ignorance but is your study (and, therefore, whatever you will be writing) in a Nigerian language rather than in English so you are "translating" between the two with coming on here? Hence some of the terms you are using may not seem as clear to some of us?
Question Author
it means like is it all injuries the law protects??
This would be my answer - "any injury or damage suffered due to a breach of duty of care would result in a possible remedy of damages in an English Court of Law." BUT (does every complaint entitle you to a remedy ?) For a headache I would recommend Nurofen !
So have you got everything you need now, max?
Question Author
@jenna we are taught in english and have affiliations with some uk universities so its not like i'm in a 17th century school where we don't speak english and i'm having problems translating.all the terms i've used are universally accepted terms so why the confusion.
Very simply, "any injury or damage" doesn't necessarily end up as a successful liability claim. I used to work in insurance and yes, often people claimed for injury or loss (and sometimes it went to court), but it had to be proven that those being claimed against were negligent in their duty of care, before the claim could succeed. Many claims get thrown out because there is no negligence. That to me seems to be the answer to your question.
Question Author
@factor i guess.thanks
Liability is only one part though, there is causation and loss as well, loss especially where remedy is concerned.
If you intend to make law part of your profession, the best advice I can give is:
1/ learn as much as you can from others; never turn down an opportunity, particularly if that advice is free.
2/ Always be polite even when you do not feel polite.
3/ Learn to write grammatically and learn to spell, it will be expected of you.
i thought you knew the answer already?

and had 'gat wat u nided'...?

oh and i very much doubt you can see me... and even if you could... so what?

what a weird thing to say... haha

i second dzug's answer ...

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