Torts 2 Week 6

What is the correct order for negligence?

• Duty of care, breach of duty, defences, causation, damages

• Breach of duty, defences, causation, damages, duty of care

• Duty of care, breach of duty, causation, damages, defences

• Duty of care, breach of duty, causation, defences, damages

• Duty of care, breach of duty, causation, defences, damage

What are the two elements to breach of duty?

• What standard of care is owed?

• Did the plaintiff's actions or omissions breach that standard?

• Did the defendant's actions or omissions breach that standard?

• How is the duty breached?

What section of the CLA relates to breach?

• s 14

• s 5

• s 9

• s 6

In deciding whether there has been a breach of the duty of care that the tribunal of fact must first ask itself whether a reasonable man in the defendant's position would have foreseen that his conduct involved a risk of injury to the plaintiff or to a class of persons including the plaintiff. Which case is this from and what does it establish?

• Wyong Shire Council v Shirt and breach of duty

• Rogers v Whitaker and standard of care

• Rogers v Whitaker and breach of duty

• Wyong Shire Council v Shirt and standard of care

Rogers v Whitaker determined...

• The standard of reasonable care and skill required is that of a reasonably skilled person exercising and professing to have that special skill

• The standard of reasonable care and skill required is that of an ordinary skilled person exercising and professing to have that special skill

The High Court has said the standard of care for a child, is that of a reasonable child at that age and not of an adult. Which case is this from?

• Zanner v Zanner

• McHale v Watson

• Carrier v Bonham

• Imbree v McNeilly

There are two stages to s 9 in the CLA, they are risk vs

• Response

• Reasonability

• Objectivity

s 9(1)(a) states the risk is foreseeable, so you must...

• Identify the risk of harm

• Was the risk foreseeable?

• Identify the parties

Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd determined...

• The proper assessment of the alleged breach of duty depends on the correct identification of the relevant risk of injury, because it is only then that an assessment can take place of what a reasonable response to that risk would be

• The proper assessment of the alleged breach of duty depends on the correct identification of the foreseeable risk of injury, because it is only then that an assessment can take place of what a reasonable response to that risk would be

s 9(1)(b) states the risk was not insignificant, so Wyong Shire Council v Shirt determined...

• When speaking of a risk of injury as being "foreseeable", we are not making any statement as to the probability or improbability of its occurrence, so the risk is not one that is far-fetched or fanciful

• When speaking of a risk of injury as being "reasonable", we are not making any statement as to the probability or improbability of its occurrence, so the risk is not one that is far-fetched or fanciful