Lecture 8 BFA601 Semester 1 2018.pptx

Could not reasonably have been expected to know that

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could not reasonably have been expected to know that the oil was capable of being set alight when spread on water. The dock owners knew the oil was there, and continued to use welders. HELD that to find a party liable for negligence the damage must be reasonably foreseeable. The council found that even though the crew were careless and breached their duty of care, the resulting extensive damage by fire was not foreseeable by a reasonable person, NEGLIGENCE Overseas Tankship (UK) Ltd v Morts Dock Engineering Co Ltd [1961] AC 388 (Wagon Mound (No 1) case) NEGLIGENCE Overseas Tankship (UK) Ltd v Morts Dock Engineering Co Ltd [1961] AC 388 (Wagon Mound (No 1) case)
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis The Defendant [Dredge] damaged a pipeline while dredging. It was aware of the pipeline's existence. The pipeline was used (but not owned) by the Plaintiff [Caltex] for the purposes of transferring oil. As a result of the damage, the Plaintiff suffered great economic loss. HELD :Reluctant to award for pure economic loss, wants more than reasonable foreseeability. However, recovery may be possible in cases where "the defendant has knowledge...that the plaintiff individually, and not merely as a member of an unascertained class, will be likely to suffer economic loss as a consequence of his negligence.This case is one of them because the Defendant had knowledge that a particular party (the Plaintiff) was going to suffer economic loss from the damaging of this pipe. The Defendant "should have had Caltex (the Plaintiff) in contemplation as a person who would probably suffer economic loss if the pipes were broken "...the particular relationship...was such that both the dredge [Defendant] and Decca owed a duty of care to Caltex to take reasonable care to avoid causing damage to the pipeline and thereby causing economic loss to Caltex NEGLIGENCE Caltex Oil (Aust) Pty Ltd v e Dredge ‘Willenstad’ NEGLIGENCE Caltex Oil (Aust) Pty Ltd v e Dredge ‘Willenstad’
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis Various reforms have been introduced in 2002 to limit the costs of negligence, eg limit liability for recreational services, particularly where dangerous activities are involved; allow for an apology without this being an admission of liability; limit claims of negligence by people injured in the process of committing a crime, e.g. an injured passenger in a stolen vehicle cannot sue: Gala v Preston; NEGLIGENCE Negligence Reforms (1.55) NEGLIGENCE Negligence Reforms (1.55)
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis Set new negligence standards for professionals who provide treatment according to appropriate standards (in some instances this only applies to doctors); limit the availability of damages where intoxicants have contributed to the injury; protect Good Samaritans and volunteers from claims of negligence; abolish punitive, exemplary and aggravated damages for personal injury claims; NEGLIGENCE Negligence Reforms (1.55) cont.
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  • '17
  • Reed International Books, International Books Australia, Books Australia Pty, Pty Limited trading, Reed International Books Australia Pty Limited

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