JSB171 Lecture Notes - Lecture 1: Shire Of Caboolture, No Liability, Legal Risk
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Plaintiffs must prove on the balance of probabilities: Defendants must prove on the balance of probabilities: Consider common law and civil liability act for: Failure to take reasonable care of own safety. Fault + contributed to foreseeable injury = contributory negligence: plaintiff at fault. The court will look at the circumstances to determine whether the plaintiff has fallen below the standard of care. The standard of care is determined by the courts and is based on what a reasonable person would have done under the circumstances to protect their own safety. Vairy v wyong shire council (2005) 223 clr 422. Refer to civil liability act 2003 (qld) s 23. See s 9(2) for calculus of negligence: contributed to the foreseeable injury/loss suffered by plaintiff. Fitzgerald v penn (1954) 91 clr 268. March v stramare (1991) 171 clr 506. Kirk v nominal defendant [1984] 1 qdr 592. Failure to wear a safety belt may amount to contributory negligence.