LAWS1003 Chapter Notes - Chapter 9-10: Zurich Insurance Group, Cerebos, Safeway Inc.
Document Summary
E(cid:448)er(cid:455) dut(cid:455) of (cid:272)are is fou(cid:374)ded upo(cid:374) the (cid:858)(cid:374)eigh(cid:271)our pri(cid:374)(cid:272)iple(cid:859) to take reasonable care so as not to expose the plaintiff to foreseeable risks of injury but is not unlimited in scope. Koehler v cerebos (australia) ltd (2005) 222 clr 44. It is important to define the scope of the duty, be it an established duty or a novel duty, as it must allow the issue of breach to be determined. As the law of negligence developed, many relationships were recognised as giving rise to a duty of care. Before the modern concept of negligence started to develop, the duty of care of an occupier was dependent upon the class of entrant. Under the old rules, classes of entrant included contractual entrants, invitees, entrants as of right, licensees and trespassers. The common law has long recognised that the occupier of premises owes a duty to take reasonable care for the safety of those who enter the premises.
