Not going to try and second guess whats reasonable

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been more careful to avoid civil loss or damage, no one can imagine a court undertaking the trial of such an issue.’ Not going to try and second guess what’s reasonable behavior in the middle of a war? Shaw Savill & Albion Co Ltd v The Commonwealth (1940): HC Case: (middle World War II) HMAS Adelaide, navy ship, and a merchant vessel ere traveling near Sydney at night (during wartime particular WWII ships traveled without lights to protect them from sub attack). Unfortunately they Adelaide crashed into the merchant ship and damaged it. The ship owners sued the commonwealth government claiming that the ship officer had been negligent, the courts said the statement above, they said generally there’s no doc owed by those responsible for navigating a war ship to civilian ships if the ship is engaged in active operations. Because the court said how are they supposed to judge how they are supposed to behave? What’s reasonable in that scenario but they did say they have to be engaged in active operations. Don’t have to be engaging with the enemy but a real distinction does exist between actual operations against the enemy and other activities of the combatant services in time of war. For instance, a warship preceding to her anchorage or maneuvering among other ships in a harbor or acting as a patrol or even as a convoy, must be navigated with due regard to the safety of other ships and no reason is apparent for treating her offices is under no civil duty of care. Remembering always the standard is that which is reasonable in the circumstances.’ So in this case it is wartime but it was not on active operations, it was not immune, a doc was owed. Legitimate for the ships to have their lights out but not all you can do to stop crashing, can get into crows nest and try see in the dark. Peacetime : What sort of duty of care is owed during peacetime? With respect to civilians, the military owes a doc to civilians during peacetime. What about to each other? Not settled, not enough have gone all the way to the HC for us to be confident one way or the other. Not many make it to the courts but it seems an important question is: Were the military people doing something that was peculiarly military or something that civilians would do? If there’s nothing military about it (e.g. Not folding stairs up properly) then can sue. But if it’s a particularly military thing to do (e.g. throwing grenades) even then going to have to run an argument that if they find a doc then could be inefficient in how they train- policy argument: fear of interfering with military efficiency- their ability to train etc. don’t want to interfere with military efficiency, morale etc. it might endanger Australia if we restrain our military in this way, these arguments are losing their strength. o Parents: Liability of parents to their children (except in limited circumstances: if by positive action they expose their child to danger, then a DOC will be owed/no immunity) Robertson v Swincer (1989): Family with 2 kids went to visit friends. Son got bored, crossed the rd to the car, no keys so went back to the other side to get keys but on the way got hit by a car. Driver went after the
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