Introduction

Question 1

Where is Breach in the CLA

Answer 1

S9 and s10 of the CLA modifies and restricts the common law. 
Breach factors:
1. Gravity of harm that could occur.
2. Likelihood of harm to occur
3. Costs of intervention

Question 2

Where is Causation/Factual Causation in the CLA?

Answer 2

s11 and s12.

The ‘but for test’.

Question 3

Where are the defences in the CLA?

Answer 3

ss13-14 : Defence of volenti
ss23-24: Defence of Contributory Negligence
ss45-49: Defence of intoxication for Contributory Negligence

Question 4

Is the CLA a codification of the common law?

Answer 4

No, s7 of the CLA says that the Act is NOT a codification of the common law.
It doesn’t ad any new causes of actions under the CLA

Question 5

How do you determine (in general) whether a Duty Of Care is owed in a new case (unprecedented)?

Answer 5

Using Perre v Apand:

1. Foreseeability
2. Indeterminate liability
3. Autonomy of D
4. Vulnerability of P
5. D’s knowledge on whether their conduct is harmful
6. Any other policies and principles that may be relevant to the case at hand.