{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Court doesnt accept that d hit the horse and that he

Info icon This preview shows pages 19–21. Sign up to view the full content.

View Full Document Right Arrow Icon
(Court doesn’t accept that D hit the horse and that he had time to move – bad case). HELD: No DOC BUT there could be a duty to take reasonable precautions to protect other people. Goldman v Hargrave (unusual decision) (1967) FACTS: Lightning strike hit a tree and caused a fire on P’s property. The D took some steps to fix the situation – put out fire and watered tree a bit. Embers were still alive so fire started again causing significant damage. P sued in negligence. D didn’t create the danger. HELD: No DOC A man has a duty to act with reasonable care if there is a fire on his land that can harm others BUT: Sutherland Shire Council v Heyman (1985) FACTS: P bought a house on a hill. Months later there was major cracking. Foundations defective so they spent a lot of money fixing and wanted the money back. They didn’t know they could sue the builder so they sued the council. Council has power to monitor plans and inspect etc. Council didn’t check foundations. See Section 79, 83 Wrongs Act 1958. HELD: No CL duty to exercise a statutory power. Will be if: o The statutory authority creates the danger. o If they occupied the structure. o If they lead the P to rely on them and they had relied on it to their detriment and they could reasonably foresee that the P would rely on them and suffer damage . (No evidence of inquiry or advertisement). o Policy: will have less money for other things. Why should rate payers have to pay for a builder’s negligence? o Brennan: Must show inducement = creating risk of harm. o Deane: No actual contact b/w P and D, no assumption of responsibility, P had not relied on the council, causal link was indirect (builders negligence), need to look at statutory powers = not to
Image of page 19

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Section 79 : Defines what is considered a public authority. Section 83: Principles to consider (amongst other things) when assessing whether a duty is owed/breached by a public authority. a) The functions required to be exercised by the authority are limited by the financial and other resources that are reasonably available to the authority for the purpose of exercising those functions; b) The functions required to be exercised by the authority are to be determined by reference to the broad range of its activities (and not merely by reference to the matter to which the proceeding relates); c) The authority may rely on evidence of its compliance with the general procedures and applicable standards for the exercise of its functions as evidence of the proper exercise of its functions in the matter to which the proceeding relates. 20 Pyrenees Shire Council v Day (HC 1998) FACTS: Tenant lit a fire in his fire place which was defective. Fire burnt down his rented fish and chip shop and the Day’s video shop next door. Chimney had been defective for a while – had been an earlier fire that the council had checked. The council knew it was defective and sent a letter to the previous tenant saying they couldn’t use chimney unless they fixed it. Previous tenant didn’t tell new tenant. Council had extensive powers to check and notify or even fix the chimney.
Image of page 20
Image of page 21
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern