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Week 8 BTF1010 - Liability for Negligent Acts (Physical Harm)…
Week 8 BTF1010 - Liability for Negligent Acts (Physical Harm) CASES/LEGISLATION
Overview of Torts and Negligence
Negligence – Breach of the Duty of Care.
Step 2 - Has D breached that duty of care?
s.48(1) Wrongs Act
s.48(2)
s48(1): A person is not negligent in failing to take precautions against a risk of harm unless...
the injury was reasonably foreseeable.
the risk is not insignificant.
a reasonable person would have taken precautions in the circumstances.
s48(2): How would a reasonable person respond to the risk?
1- Probablility that harm would occur is care were not taken.
2- likely seriousness of the harm.
3- burden of taking precaustions to avoid risk of harm.
4- social utility of the activity that creates the risk of harm.
1-
CASE: Bolton v Stone (p.314).
CASE: RTA v Dederer (p.315).
2-
CASE: Paris v. Stepney Borough Council (p.316).
3-
CASE: Graham v Barclay Oysters
CASE: Woods v Multi-Sport Holding Pty Ltd (p.317).
4-
CASE: Watt v Hertfordshire (p.317):
CASE: Wilson v Nilepac (p.318).
Negligence – Duty of Care.
Step 1 - Does D owe a duty of care to P?
CASE: Donoghue v Stevenson (p.296)
CASE: Grant v Australian Knitting Mills (p.297)
CASE: Australian Safeway Stores v Zaluzna (p.300).
CASE: Argo v Al Kammesy (p.312).
CASE: Modbury Triangle Shopping Centre v Anzil (p.300).
Negligence – Defences.
Contributory Negligence
Wrongs Act ss 62-63
CASE: March v. Stramare (p.325).
CASE: Alzawy v. Coptic Church (p.325)
Negligence – Damages.
2 aspects
Causation
s51(1)(a)
CASE: Richtoll v WW Lawyers (p.321).
CASE: March v Stramare – (p. 325).
Remoteness
s51(1)(b)
CASE: Overseas Tankship v Morts Docks & Engineering (p.323).