Negligence: Established Duties Flashcards
Definition?
Conduct which involves a failure to conform to a legal obligation and failure to protect the interests of someone with whose interests a defendant ought to be concerned. Tame v New South Wales
Manufacturer and consumer.
• A manufacturer owes a consumer a duty of care.
Scope:
• To prevent injuries to persons where it is reasonable foreseeable they would use the manufactured goods when they are sold in the same condition they are intended to reach the consumer and there is not opportunity for intermediate inspection Donoghue v Stevenson
Occupier of Land
• Occupier of land owes a duty of care to a person entering their land Australian Safeway Stores v Zalenzna
Scope:
• In respect of physical injuries arising from the condition of the premises
Employers/Employees
• Employers owe their employees a duty of care.
Scope:
• Providing the employee with a safe system of work, safe plant and equipment, and competent supervisory staff. Smith v Charles Baker & Sons
Road Users
• Drivers of motor vehicles owe a duty of care to passengers and other road users.
Scope:
• Use proper care and not cause injury to their passengers, persons on the highway or in premises adjoining the highway. Imbree v McNeilly (Passengers) Bourhill v Young (Road users)
School Authorities
Schools authorities/ teachers owe a duty of care to students
Scope:
To take such precautions for safety on the occasion in question as a reasonable parent would have done in the circumstances. Geyer v Downs
Medical Workers
Doctors/ medical workers owe a duty of care to patients
Scope:
To provide the ordinary skill of a doctor practicing in the relevant field in the provision of diagnosis, treatment and advice. Rogers v Whittaker
Professionals/Solicitors
Professionals/ Solicitors owe a duty of care to their clients
Scope:
To exercise reasonable care, skill and diligence in the provision of their services as defined by the terms in their retainer. Heydon v NRMA Ltd
