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PART_A_DUTY_OF_CARE

Death or personal injury brought by a person the

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death or personal injury brought by a person (the plaintiff) against another person (the defendant) alleging negligence.’ S14 (g) WA: In determining whether bod, court have to consider whether P engaged in illegal conduct. Relevant only if illegality does not prevent doc from existing. Is a tension between s 14(g) and CL: in cases where statutory intention not decisivie and in cases of joint legal activity a duty of care wont be recognised if only way to determine standard if u take into account illegal conduct. This is in tension with 14(G) as it requires courtst to consider Ps illegality. Preserves existing common law regime in relation to illegal enterprises. 4. GOOD SAMARITANS AND VOLUNTEERS * The wrongs act provides protection for a person who acts as a ‘Good Samaritan’- someone who provides free assistance or care to an injured person. The sections relevant are: - s.31B Wrongs Act: A good Samaritan will not normally be liable for anything they do in good faith while providing assistance to someone who is injured. This section was enacted to prevent a good Samaritan from being sued. - s.37 Wrongs Act: Volunteers, who are people who undertake community work on a voluntary basis, are protected for anything they do in good faith while undertaking community work. This section is fairly broad, and this protection does not extend to the organization, only the individual volunteer. 5. Limitation of Actions The Limitation of Actions Act 1958 operates so that someone who is injured, as a result of negligence, cannot sit on the claim forever. They are given a time period in which to bring the claim. If there were no time limit, the injured party could hold the threat of litigation over the head of the defendant.
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The general rule under s.5(1) states that an action in negligence must be brought within 6 years of the cause of action accruing. However, s.5(1A) states that a claim of personal injury has to be brought within 3 years. However, under s.23A the court has discretion to extend the three-year period (probably to 6 years, but it is not stated). Normally, a cause of action will accrue from the date the plaintiff sustains the injury. However, some maladies do not present themselves for a long time, such as asbestos related injuries. In s.5(1A) , it states that in such a case, where the injury sustained is a disease or disorder (including mental illness) the cause of action accrues when the plaintiff first knows that: 1. He is suffering from those injuries, and 2. The injuries were caused by the act or omission of some specific person When both of these are satisfied, the time starts accruing. The exception to this is s.27D which imposes a 12year cap on personal injury claims from the date of the injury. However, the plaintiff can apply for an extension of this limit with regard to their circumstances under ss.27K and L . 6.
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death or personal injury brought by a person the plaintiff...

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