Just because they changed precaution straight away

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were negligent, admission of guilt? Just because they changed precaution straight away shows its an easy precaution that can be done but doesn’t mean they were liable. o Bressington – not practicable therefore not reasonable and no breach not to take them o Turner v SA – small inconvenience therefore breach not to take them WRONGS ACT S 49 Other principles In a proceeding relating to liability for negligence – (a) the burden of taking precautions to avoid a risk of harm includes the burden of taking precautions to avoid similar risks of harm for which the person may be responsible; and (b) the fact that a risk of harm could have been avoided by doing something in a different way does not of itself give rise to or affect liability for the way in which the thing was done; and (c) the subsequent taking of action that would (had the action been taken earlier) have avoided a risk of harm does not of itself give rise to or affect liability in respect of the risk and does not of itself constitute an admission of liability in connection with the risk. (iv) Importance of Defendant’s Activities Social utility of the activity that creates the risk of harm (at common law = justifiability or object to be attained by the defendant’s act). Unreasonable usually but not unreasonable here. [S 48(2)(d)]. Common practice is not definitive, doesn’t decide the case, acting in the way everyone else does. Evidence of common practice given to the court, decide what a reasonable person would usually do. E.g. Emergency. o Watt v Hertfordshire County Council [1954]: Woman trapped under car close to fire station. Needed help immediately, a life or death situation. Needed equipment to cut her out of the car but the correct truck for the equipment was not at the station. Put equip on a normal truck, however because it was not the usual truck that was used, the equipment slipped off killing the driver of the truck. Family of the P sued for negligence, shouldn’t have taken equip until normal truck was back. Was D negligent? Court held: not negligent. Take into account Purpose of d’s activity. Trying to save a life, taking a risk that in any other circumstance would’ve been unreasonable. Denning: once must balance risk against the end to be achieved (if done in another circumstance would’ve been liable but in the circumstances it was acceptable). (v) Common Practice Custom / professional standards- court looks at such evidence but fact defendant doing what others do Examples: o Mercer v Comr for Road Transport : Tram crash, tram driver collapsed while driving the tram causing the tram to crash into another tram. P was a passenger on the other tram and was injured. Sued for negligence. P said should’ve put into tram, a dead man’s handle- stop if not being pressed. (1946) common practice was no dead man’s handle. D said dead mans handle would create other risks, stop suddenly. Held: company liable for not having it. General practice may not conform with care. Therefore not a good response to say I acted the way everyone else did. Negligent. Dissents: Dixon: doesn’t think
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