In pyrenees there was a clearly identified cause of

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‘In Pyrenees there was a clearly identified cause of harm, specific action or inaction on the part of the Council, and, … “coincidence between the action which was necessary to prevent the fire, the powers
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given to the Council and the purpose for which they were given”. Here the Council had general powers for the protection of public health, which would have embraced activity … such as regular and comprehensive surveys of sanitary facilities in areas around the lake, or water testing. But there is nothing in the relevant statutory provisions, or in the circumstances concerning the relationship between the Council and oyster consumers, to justify a conclusion that the Council’s powers were given for the protection of oyster consumers, or any other particular class .’ McHugh ‘The likelihood of the common law imposing an affirmative duty of care whose content may require the exercise of a statutory power increases where - the power is invested to protect the community from a particular risk and the authority is aware of a specific risk to a specific individual . If the legislature has invested the power for the purpose of protecting the community, it obviously intends that the power should be exercised in appropriate circumstances. If the authority is aware of a situation that calls for the protection of an individual from a particular risk , the common law may impose a duty of care. In that situation, failure to exercise the power may constitute negligence. This seems the best explanation of Pyrenees where the majority of the Court held that a Council which knew of a fire risk owed a duty of care and breached it by not exercising its powers.’ Gummow & Hayne Emphasised the rule against hindsight at 192- that is formulating a duty of care retrospectively as an obligation purely to avoid the particular act or omission said to have caused loss or to avert the particular harm that in fact eventuated applied across all areas in negligence. This is because such formulation is likely to obscure the proper enquiry as to breach which involves identifying with some precision, what a reaosnable person in the position of the D would do by way of a response to the reasonably foreseeable risk. Special Relationship Between Plaintiff and Defendant Courts have recognised that certain relationships give rise to duties of affirmative action. Well known examples include: Teacher/School and Pupils:
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Geyer v Downs (1977) 138 CLR 91 : A High School principal permitted student use of the grounds before school and before teachers were on duty. The plaintiff was severely injured when struck by abaseball bat during unsupervised play before school hours. It was held that there was a duty to take reasonable steps to secure the safety of pupils during that part of their school day as well as during classes.
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