Torts lecture notes 12 what would a reasonable

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Torts Lecture Notes 12
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What would a reasonable cricket club do? This cricket club did nothing, had they acted reasonably? How likely is it someone will be hit on the head? Happened only once in 30 yrs. Is it a foreseeable risk? Is it not insignificant? Court Held: the risk was so slight (that a ball hit out would cause injury) and the expense of reducing it so great that a reasonable cricket club would not have taken any further precautions, and therefore justified for doing nothing. Norman: Clear a duty of care was owed but there is nothing more a reasonable person would do, would not take any more precautions, therefore there was no breach. Reasonably foreseeable but so unlikely defendant justified in taking no precautions. If it is reasonably foreseeable. Take into account that other people will behave unreasonably, taken into account. o Romeo v Conservation Commission of the Northern Territory (1998): P is a young girl, Nadia, she fell from a cliff top onto a beach and was paralyzed. She sued council for not looking after cliff top. Cliff top was a place of natural beauty (was a car park, a little fence surrounding car park and an unfenced area where you could drop off). N was going to meet friends up there; she was drunk but unsure how it affected her behavior. She had no memory of what happened. She probably was drinking on the grass with friends at the top of the hill, until she moved over with friends and saw a lighter area of grass, she thought it was another park but was edge cliff, it was lighter from rain falling off the cliff, and she fell off. She said there should have been a fence at the edge of the cliff to stop people from stepping off, or have a warning sign. Stupid suggestion, don’t need a sign to say there’s a cliff. But they should have fenced it to stop people from falling off the edge. Question of Probability: Is it reasonable foreseeable that people could get drunk and step off the edge? How probable is it? No one had fallen off before. 8 km of cliff top- where would they fence? Could have just had a fence around the car park as there is a likelihood it could happen here. HC 5:2; Majority Held : No breach. D was not liable to Nadia. Dissent: Justice McHugh said a fence was required, pg 217: it is reasonable foreseeable a person such as the plaintiff, intoxicated, would come to the area, under a duty to protect a person like this, exposing themselves to risk of injury. Should’ve known there was this area looking like a path and eople could step off. Reasonable care; magnitude of risk: grave injury, death. Probability of risk is low, none had happened like this b4. P argued: it is cheap to put up a wire fence. D argued: the cliff runs along 8kms, do they fence the whole thing? P said: there was a car park, so it was likely this could happen. Kirby (majority) said there was no breach. Take into account people who come there would have different capacities, people would be careless in behavior but D is generally entitled to assume most people would take reasonable care for their own safety. He also says that in deciding if there’s a breach that there would be no point of a sign,
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