LAW 1507 Lecture Notes - Lecture 4: Ginger Beer, Posttraumatic Stress Disorder, Nervous Shock In English Law

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30 Jun 2018

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TORTS LECTURE WEEK 4 NEGLIGENCE

Negligence about people doing harm to others

Harm the foundation of negligence as opposed to trespass to the person

Physical, Psychological harm, harm to property etc.

Negligence can turn on a failure to act- look at next week in omissions

Link to civil liability act on Canvas

Act must be intentional as in trespass and reckless

Objective test- when something is addressed in terms of external criteria

Subjective test- Individual characteristics regarding the actual person

Negligence sometimes clear-cut but not always- whether or not there aught to be

liability- where does responsibility stop?

Civil Liability Act 1936 (S.A) Available on MyUni, used to be The Wrongs Act

Answers- Begin with legislation

- Identify relevant case law

- Apply to IRAC

Establishing negligence-

- Is a duty of care owed?

- Has there been a breach by identifying the standards

- Did it cause harm

- Defences

- Damages

Don’t speak in certainties because there aren’t any e.g. ‘it is unlikely this has been

established,’ ‘there seems to be a strong case,’ don’t say ‘therefore there must be’

Melissa Sparrow (a1668063)

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