Fault

Question 1

Stanley v Powell [1891] 1 QB 86

Answer 1

The defendant shot at a pheasant and the bullet ricocheted off a tree wounding the plaintiff.
The defendant did not intend to shoot the plaintiff and the defendant was not negligent.
Defendant not held liable.

To prove fault, there must be evidence of intention or negligence.

Question 2

Williams v Milotin (1957) 97 CLR 465

Answer 2

The fault in trespass can either be intentional or negligent.

Question 3

Public Transport Commission (NSW) v Perry (1977) 137 CLR 107

Inevitable accident

Answer 3

The plaintiff suffered an epileptic fit while waiting on the platform of a railway station, causing her to fall onto the railway tracks negating a cross claim of trespass to land.
Inevitable accident successfully proven.

Question 4

Smith v Lord [1962] SASR 88

Inevitable accident

Answer 4

The driver suffered a blackout whilst driving, which was caused by a cardiac problem. He had no knowledge of the condition at the time of the accident. Inevitable accident successfully proven.

Question 5

Leahy v Beaumont [1981] 27 SASR 290

Inevitable accident

Answer 5

The driver suffered a sudden coughing fit which caused him to lose consciousness in a few seconds.
The court held that he had time to avert the accident by breaking and refused to allow the “inevitable accident” defence.

Question 6

Scholz v Standish [1961] SASR 123

Inevitable accident

Answer 6

A bee stung the driver on the nose just as she was about to commit a u-turn and she lost control of the car.
“Inevitable accident” defence allowed.