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 Shire 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

Is the standard of care different for a child?

• Yes

• No

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

Rogers v Whitaker determined with experience, skill and training, what is relevant?

• The court determines what is reasonable

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

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

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

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

• Identify the risk of harm

• Was the risk foreseeable?

• Identify the parties