LAW1113 Lecture Notes - Lecture 7: Wyong Shire, Reasonable Person, 8 Mm Video Format
4 Nov 2018
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Week 7 - negligence - breach of duty. In the australian law of negligence, there are no degrees of breach: doesn"t matter if the standard just failed or massively failed. Irrelevant if a little careless or more careless, even if acted careless a tiny bit still careless. Is justified, no necessary connection b/w negligence and seriousness of the harm: b/c even if a bit negligent can cause very serious harm at times, the law of torts is about who pays the harm suffered. Latter court may take guidance but will not be bound by it: qualcast (wolverhampton) ltd v haynes, plaintiff - experienced moulder, working in defendants ironworks, bc experienced he knew that it was dangerous. It must have been reasonably foreseeable that carelessness on the part of the defendant in undertaking a general activity would harm the plaintiff: more general, reasonable foreseeability in the context of breach.
