83 principles concerning resources responsibilities

Info icon This preview shows pages 59–61. Sign up to view the full content.

View Full Document Right Arrow Icon
any person or body in respect of the exercise of a public or otherfunction of a class prescribed for the purpose of this Part. 83. Principles concerning resources, responsibilities etc. of public authorities In determining whether a public authority has a duty of care OR has breached a duty of care , a court is to consider the following principles (amongst other relevant things)- (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;
Image of page 59

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

View Full Document Right Arrow Icon
(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. * * * FIRST SHOW RF: Was it reasonably foreseeable that if you did not control the child, they would be harmed? Or that Arnolds failure to act would cause property damage to Susie? A real risk not far fetched or fanciful? It is reasonable that if you hear a noise THEN SALIENT FEATURES: But focus on what the three cases say are important. Then go to the more general. (We focus on cases of governmental bodies, however, many of the principles from case law are applicable to individual defendants also, and are easily accommodated within the salient features approach.) Sutherland Shire Council v Heyman (1985) 60 ALR 1 Facts: In 1975 P purchased a house from its previous owners who had it built in 1970. The house was built on steeply sloping land. In 1976 after heavy rains serious defects appeared and it was found the foundations were inadequate and unsafe; thus house lost value of the house. Could not find builder so sued local council instead. P claimed that the council has an obligation under the Local Government Act NSW to enforce the applicable building regulations and that It negligently omitted to inspect (or careless inspected) Held: Mason: A public authority is liable for negligent failure to perform a function when it foresees or ought to foresee that: (a) the plaintiff reasonably relies on the defendant performing the function and taking care in doing so; and (b) the plaintiff will suffer damage if the defendant does not take care. There will be cases in which the plaintiff's reasonable reliance will arise out of a general dependence on an authority's performance of its function with due care, without the need for contributing conduct on the part of a defendant or action to his detriment on the part of a plaintiff. Reliance or dependence in this sense is in general the product of the grant (and exercise) of powers designed to prevent or minimize a risk of personal injury or disability, recognized by the legislature as being of such magnitude or complexity that individuals cannot, or may not, take adequate steps for their own protection. (Basically, moron, general reliance or dependence
Image of page 60
Image of page 61
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