Webb Vs Edwards Case Study

978 Words4 Pages

Legal studies assessment
1. The name of the case is Webb v Edwards [2018] NSWDC 67
- The parties involved in this case are:
- Tony Webb (Plaintiff)
- Lyndon John Edwards (Defendant)

On Tuesday the 15th of May 2007 Tony Webb was driving on the Mitchell Highway at around 7:05 am to his work at Dubbo from his home at Narromine, NSW. As he began to approach a left bend in the highway he encountered an oncoming large prime mover which was transporting an oversized agricultural scarifier, Driven by Lyndon John Edwards. Tony Webb attempted to avoid the collision by veering to his left, but a side-swipe collision occurred, mechanical implements were needed to cut Tony Webb out of the wreckage of the car. As a result of the accident Tony Webb sustained …show more content…

Medical professionals have described tony webs post-accident situation as a very complicated case.
- The district court of New south wales is the original jurisdiction for this case.
- The assessed amount to be paid was $2,076,707.88 but after applying the agreed 20% apportionment because of the plaintiff's contributory negligence the amount to be paid by Lyndon John Edwards, the defendant was $1,661,366.20.
- The ratio decendi was based on the legal precedent of a previous case.

2. Common law countries use the adversarial system, the Adversary system is a system of trial in which two parties battle for an impartial third party who tries to reach a fair and equal judgment. The following features of the adversarial system keep the trial fair and unbiased. The two parties have full control of the proceedings and are responsible for the preparation of their case and the presentation, this allows the parties to feel satisfied …show more content…

Aboriginal and Torres Strait Islander customary law does not specifically receive recognition in the Australian constitution and references that allow racial discrimination by the commonwealth are still present in the constitution. Societies views are changing and the importance of Aboriginal and Torres Strait Islander customary law and culture is now becoming more important as it is believed that the legal system must reflect the people it serves. Customary law is still seen as the soft version of the justice system by many people so the idea of integrating it into Australian law isn’t supported by many individuals. Circle sentencing is one way that aboriginal customary law is beginning to be integrated into the legal system as it is allowing aboriginals to achieve justice in a more traditional way while still abiding by the Australian constitution.

5. International laws govern how countries and states should interact with each other international law has an impact on domestic laws through human rights treaties, importing and exporting of goods and global communications and connections. The Mabo case reflects this because the domestic law at the time didn’t match the international

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