Lecture 8 BFA601 Semester 1 2018.pptx

2014 reed international books australia pty limited

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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis If a party consented to the risk of injury: for instance in a sporting match or some risky activity like bungy jumping; Contributory negligence: where the injured has not taken sufficient care and contributed to their own injuries, e.g. not wearing a seatbelt or helmet, or perhaps crossing the road against the lights; Conducting an illegal act: consenting to being in a stolen car which is being driven negligently; Unavoidable accident: an accident occurs for which no one is particularly at fault; TORTS Defences to torts (1.52) TORTS Defences to torts (1.52)
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis The tort of negligence imposes a duty on all persons to exercise reasonable care in their actions, or even a required action, so that their daily activities will not foreseeably harm another. Note: the neighbourhood principle NEGLIGENCE Introduction (1.54) NEGLIGENCE Introduction (1.54)
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis Was a plaintiff owed a duty of care? Was the damage foreseeable? If yes, What is the standard of care required, eg was a professional involved? Did damage occur, and what type of damage, eg to property or economic loss? Are there any defences available to the defendant, eg voluntary assumption of risk, contributing negligence? NEGLIGENCE Proving negligence (1.54) NEGLIGENCE Proving negligence (1.54)
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis If the defendant is found to be negligent what are the appropriate remedies, consider the nature of the tort, eg negligence versus trespass to property? Was the damage actually caused by the breach? Use the ‘but for test’. Was the damage too remote, could it have been reasonably foreseen? NEGLIGENCE Proving negligence (1.54) NEGLIGENCE Proving negligence (1.54)
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis The concept of negligence developed under English Law. Although English Common Law had long imposed liability for the wrongful acts of others. Before 1932, there was no such thing as a ‘tort of negligence’. Third parties who suffered as a result of a breach of contract had no remedy, because they were not a part to the contract and thus excluded by the doctrine of privity. Donoghue v Stevenson [1932] UKHL 100 was a foundational decision in English tort law by the House of Lords. It created the modern concept of negligence, by setting out general principles whereby one person would owe a duty of care to another person. NEGLIGENCE Where did it come from ? NEGLIGENCE Where did it come from ?
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis Background facts The Plaintiff (Donoghue) received a ginger beer bottle bought for her by a friend from a cafe.
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  • '17
  • Reed International Books, International Books Australia, Books Australia Pty, Pty Limited trading, Reed International Books Australia Pty Limited

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