Topics

Question 1

Duty of care / neighbour principle

Answer 1

Donoghue v Stevenson

Chapman v Hearse (reasonable foreseeability)

Question 2

Unforeseeable plaintiff

Answer 2

Palsgraf v Long Island RR Co

Question 3

Duty of care for professionals

Answer 3

Rogers v Whittaker

Question 4

Scope of duty for omissions

Answer 4

Romeo v Conservation Commission of the Northern Territory

Question 5

Duty to rescue

Answer 5

Stovin v Wise
Stuart v Kirkland-Veenstra
ss56-58 CLA ‘good samaritan’

Question 6

Duty to avoid inflicting psychiatric injury

Answer 6

ss27-33 CLA (starting point)

Question 7

Steps in dealing with psychiatric harm claim in negligence

Answer 7

1. Which type of harm does P have under s27? (pure of consequential?
2. If pure mental harm, apply s31- is there a recognised psychiatric injury?
3. If consequential mental harm, apply s33 - is there a recognised psychiatric illness?
4. If consequential, apply s32(1) and (3)
   5 If pure mental harm, apply s 32(1), (2) and (4). If relevant on the facts, apply s 30.

Question 8

Post CLA on psychiatric harm claims

Answer 8

Wicks v State Rail Authority