torts exam prep
torts two
Resource Sample
Three
stages
in
establishing
liability
in
negligence:
- A
duty
of
care
is
owed
by
the
defendant
to
the
plaintiff
- That
duty
has
been
breached
- The
defendant
caused
the
plaintiffs
damage
1. Duty
of
Care
Donaghue
v
Stevenson
2. Standard
of
Care
Civil
Liability
Act
s5B
a. Foreseeable
(Wyong
SC
v
Shirt
-
definition
of
not
far
fetched
or
fanciful)
b. Not
insignificant
c. Reasonable
person
would
have
taken
precautions
i. Probability
of
harm
ii. Likely
seriousness
iii. Burden
of
taking
precautions
iv. Social
utility
3. Causation
Civil
Liability
Act
s5C
a. Factual
causation
b. Scope
of
liability
Duty of Care - Standard of Care - CLA, section 5B: 5B. (1) General principles A ...
Resource Topics
Relevant Resources
