Negligence - Sem Test Flashcards
negligence, defamation, consumer law, trespass and nuisance
What are the steps of DoC?
Owed –> Breached –> Damages –> Remoteness –> Defences
Do good samaritans owe a DoC?
Everybody owes duty of care to the ppl around them, but a GS is not liable if something goes wrong when they’re genuinely trying to help someone.
Are parents liable for their children’s negligence? Refer to a case.
Slingshot in eye case.
They are only liable if the kid was acting out of authority of the parent
Are family members of the plaintiff under your DoC as well?
It depends on how directly they were affected, but usualy yes because they can be subjected to mental harm or fincanical burden
Why is proximity important when it comes to DoC? Refer to a case
Hearing a car crash (not actually seeing it) case.
So that it minimises the amount of liability the defendant is up against.
Are rescuers under your DoC if they’re helping you?
Yes, if it was due to your negligence that you required rescuing.
What standard of care are children held to? Refer to a case
Kid throwing metal rod at another kid bc he was upset case.
It’s reasonable for a kid to be upset and angry and it’s fair to say he didn’t think about those actions because he’s a CHILD therefore he can’t be held tot he same standard of care for the other kid as an adult would be.
If someone is suffering form mental illness, are they held to a different standard of care to everybdoy else?
No– according to the law, lunacy and infancy are not proper exceptions to this.
How can you excuse yourself of liability?
Relying on the volenti non fit injura
OR
Putting an exclusion clause in your contact
How do you test if a duty has been breached? Refer to a case.
Cricket ball case or glass in eye case.
Probability (likelihood of a normal person forseeing this)
Gravity (weight of the issue. i.e. papercut vs stab wound)
Burden (cost of fixing it)
What is causation?
The plaintiff must be able to prove that it was due to the defendant’s breach of duty that they are suffering.
What test can you use to determine causation and how/if it could have been broken?
“But for…”
Refer to a case that you could use the ‘But for’ test on
Unloading the fruit truck with the crap parking.
“But if it weren’t for the plaintiff’s trash parking on the highway, the collision wouldn’t have happened”
What is the phrase for a ‘causation break’. Explain the term.
Novus actus interveniens
A human, voluntary act
OR
A really trash coincidence.
Again with the fruit truck thing.
What different types of damages are there?
COMPENSATORY
Speical ($)
General (pain and sufferring!)
Nominal (no money, but ppl suffered. I.e. you breached your contract but nobody was actuallyharmed.)
Aggrivated damages (compensation for actions by D. that made your injuries worse. I.e. purposely postponing a court hearing.)
EXAMPLARY
Collatoral benefits (workers compensations and stuff)
Forcing tem to adverstise what they did wrong (Booktopia, mazda)
