Law of Torts - BTC1110 Business Law Law of Torts Negligence...

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BTC1110 Business Law Law of Torts Negligence Donoghue v Stevenson (1932) : Defendant will only be liable if the plaintiff can prove that: a) The defendant owed the plaintiff a duty of care; b) The defendant was in breach of this duty of care; c) The defendant’s breach of duty was the cause of the plaintiff’s loss (“causation”); and d) The damage suffered by the plaintiff was not too remote (“remoteness of damage”). Case Pg. Donoghue v Stevenson (1932) Friend of Donoghue ordered & paid for ginger beer. Donoghue drank some of its contents and poured the remainder into her tumbler. Remains of a decomposed snail dropped out into her tumbler. Donoghue later complained of stomach pain & her doctor diagnosed her with gastroenteritis & being in shock. Court introduced “neighbor principle”: “Persons who are so closely & directly affected by my act that I ought to have them in contemplation as being so affected”. This meant that damages & financial loss are recoverable due to negligence. 295 - 296 Duty of Care Reason foreseeability of harm test: Tame v New South Wales (2002) . Issue Case Pg. Was the harm reasonably foreseeable for the defendant to owe plaintiff a duty of care? Tame was involved in a car accident in 1991 & police sergeant incorrectly reported a reading of 0.14 alcohol content in her blood. It was soon corrected & never acted on anybody. Tame was obsessed by the error & developed psychotic depressive illness because of it in 1995. Court held that plaintiff did not owe Tame a duty of care, as police sergeant could not reasonably expect to foresee that his mistake carried a risk of harm that Tame resulted. Defendant owes a duty of care to the plaintiff in a "pure" nervous shock action when: (a) Defendant ought reasonably to have had the plaintiff in his/her position of mind when contemplating acting or failing to act; (b) The defendant's conduct would have caused a normal person to suffer nervous shock; (c) Defendant ought to have reasonably foreseen that his/her act might cause nervous shock to a normal person. 298 - 299 Why did s 30(2) did not apply? Wicks v State Rail Authority of New South Wales (2010) 2 police officers that were among the first upon the scene of a train derailment was not entitled to recover for nervous shock. s 30(2) provides that a plaintiff who suffers nervous shock in connection with another person being killed, injured or put in peril by the defendant’s negligence is not entitled to recover damages unless “the plaintiff witnessed, at the scene, the victim being killed, injured or put in peril”. 299 Duty of Care & Positive Infliction of Physical Harm Define neighbor principle -> Test ‘reasonable foreseeability’ test. 1 Duty of Care Physical Harm Liability for Omissions (for failing to act) Pure Economic Loss (Causal)
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BTC1110 Business Law Lynch v Lynch : Mother owes a duty to her unborn child & will be liable for injuries sustained by the fetus as a result of her negligent driving.
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