WEEK NINE TUTE.docx - WEEK NINE TUTE The tort of Negligence(these 3 steps need to be raised A duty of care must be established\/proved between the

WEEK NINE TUTE.docx - WEEK NINE TUTE The tort of...

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WEEK NINE TUTE The tort of Negligence (these 3 steps need to be raised) -A duty of care must be established/proved between the plaintiff and defendant -A breach of the standard (duty) of care must be established/proved by the plaintiff -The loss/damage suffered by the plaintiff must be proved and that it was caused by the breach Defences-Contributory negligence by the plaintiff -Voluntary assumption of risk Subjective- looking to particular Objective- reasonable When we look at a breach of standard of care it is a standard of fact and does not require perfection. Woolworths has to behave reasonably in accordance with the budget, they don’t have to prevent every accident from occurring. A reasonable occupier would put out signs to warn
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  • Fall '17
  • Erica Brady

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