LAW 1507 Lecture Notes - Lecture 5: Contributory Negligence
30 Jun 2018
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TORTS TUTE 2 INTRODUCTION TO NEGLIGENCE
CHAPTER 8 TEXTBOOK
Action on the case/Modern negligence- The plaintiff needs to prove lack of care on
the defendant’s part and demonstrate that injury or damaged arose as a direct result
of that carelessness
Status of negligence as a tort different to others emerged in 1932 Donoghue v
Stephenson which demonstrated that the plaintiff must demonstrate the existence of
duty of care owed by the defendant to the plaintiff
Lord MacMillian quote relevant to Donoghue v Stephenson on pg.186
Initially it must be determined whether or not there is a duty of care owed
Test for establishing duty of care based only on common law
Concept of legal neighbour important and that you must respect and take care of
your legal neighbour
Precedent for duty of care regarding consequent physical harm caused by direct
physical contact. Necessary for the plaintiff to demonstrate that injuries were
reasonably foreseeable
Reasonable foreseeability- Limitations to principle identified in Sullivan v Moody
(2001)
Doctrine of Proximity- Jaensch v Coffey (1984)- Physical proximity between the
person or property of the plaintiff and defendant in terms of space and in terms of
relationships
Relevant features of duty of care regarding negligence set out in Caltex Refineries
Pty Ltd v Stavar (2009) (See Torts book pp. 194-195) Foreseeability, nature of
harm, degree of control defendant had to avoid harm etc.
Duty at the Law- Consideration of the harmful event and is retrospective
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Melissa Sparrow (a1668063)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Action on the case/modern negligence- the plaintiff needs to prove lack of care on the defendant"s part and demonstrate that injury or damaged arose as a direct result of that carelessness. Status of negligence as a tort different to others emerged in 1932 donoghue v. Stephenson which demonstrated that the plaintiff must demonstrate the existence of duty of care owed by the defendant to the plaintiff. Lord macmillian quote relevant to donoghue v stephenson on pg. 186. Initially it must be determined whether or not there is a duty of care owed. Test for establishing duty of care based only on common law. Concept of legal neighbour important and that you must respect and take care of your legal neighbour. Precedent for duty of care regarding consequent physical harm caused by direct physical contact. Necessary for the plaintiff to demonstrate that injuries were reasonably foreseeable. Reasonable foreseeability- limitations to principle identified in sullivan v moody (2001)
