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Law is concerned with remedies and provides

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Unformatted text preview: inal law: punish the offender • Aim of tort law: compensate the ‘victim’ • Tort law is concerned with remedies and provides compensation for the injured party - usually damages and/or an injunction • The modern law of tort operates on the basis of remedies to persons for the harm suffered by the conduct of others • Tort law and criminal law may overlap 11 12 Types of Torts • Goods Detinue Conversion Trespass • Person Assault Battery Deceit Conspiracy Passing Off Wrongful Imprisonment Interference with Contract Defamation Tort Law: Negligence • Negligence (our focus in this course) • Nuisance • Common law: starting with Donoghue v Stevenson • Breach of Statutory Duty • Statute law: Civil Liability Act 2002 (NSW) See Latimer at ¶4-020 13 13 14 Government Response: Enacted legislation Growth in claims Recommendations to the Federal Government included: • A national response to the crisis all states introduce a single statute to apply to any claim for damages for personal injury or death caused by negligence • Rising costs of premiums leading to rising costs of providing professional services. Limitation of liability in relation to the supply of dangerous recreational activities • A statutory cap on damages for economic and non-economic loss 2001: Collapse of Australia’s 2nd largest general insurer (HIH Insurances Limited). • Limitation on claims for domestic help and nervous shock • Limitations on lawyers cut of the damages Damages for personal injuries becoming larger – multi-million dollar payouts. Rising insurance premiums. 15 Government Response: Enacted legislation 16 WHAT IS NEGLIGENCE? Elements of an action based on negligence are: • Legislation passed throughout Australia 1) Duty of care ( owed by the defendant to the plaintiff) • In 2002, NSW introduced the Civil Liability Act 2002 (NSW) 2) Breach of duty (by the defendant not reaching the standard of care expected of them) 3) Causation See Latimer at ¶4-095 4) Remoteness (ie: damage caused by the defendant’s breach of duty to the plaintiff and which is not too remote). If all these elements are present then ask whether the defendant can rely on any: 5) Defences 17 18 Is there a duty of care? (1) Is there a duty of care? Donoghue v Stevenson • Common law Involved the following scenarios: Donoghue v Stevenson:“Snail in the bottle” case Grant v Australian Knitting Mills 1. Supply of ginger beer to shopkeeper by manufacturer for payment 2. Sale of ginger beer to Donoghue’s friend for payment • Statute/Legislation 3. Friend of Donoghue – gift to Donoghue (No contract between Donoghue and anyone else, so no action lies in contract – action in tort) Civil Liability Act 2002 (NSW): s 5B(1) See Latimer at ¶1-350...
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