BUSAD 120 Lecture Notes - Lecture 8: Contributory Negligence, Indictable Offence, Emergency Service
Document Summary
Scope of liability: the court must decide that it is appropriate for the scope of the defendant"s liability to extend to the harm actually suffered by the plaintiff. Public authority: where the danger is unnatural or hidden, the public authority will owe a duty of care to warn persons using the area as intended by the public authority of foreseeable risks. When a person is giving advice they owe a duty of care if: The advice is of a business or serious nature; and. They know or should know that the other person intends to rely on the advice; and. It is reasonable in the circumstances for the other person to rely on the advice. The person giving advice may owe a duty of care even if they are not a professional adviser such as a lawyer or accountant. An injunction is a court order whereby a person is required to do or refrain from doing certain acts.
