civil liabilites acts 2003 QLD to know

Question 1

section 9 - civil liability Act 2003 (QLD)

Answer 1

states a person does not breach DOC against a risk of harm unless the risk was foreseeable; the risk was significant, and a reasonable person in the same position would have taken the necessary precautions to prevent the risk of harm

Question 2

section 1 of civil liability Act 2003 (QLD)

Answer 2

the test of causation is set out here - breack of DOC to cause particular harm muct be in necessary conditions

Question 3

section 13 civil liability Act 2003 (QLD)

Answer 3

states no wrong can be done to a person who has consented to engage in an action and has accepted the risks - voluntary assumption of risk

Question 4

importance of Donohue v Stevenson (1832) AC 562

Answer 4

tested and argued the non-contractual DOC, a defendant did not need to have a direct or contracted relationship with the plaintiff to be liable. It created the neighbour principle