draw a line to mark out the bounds of duty to protect the interests of and compensate those who have suffered a loss and injury and this is also one of the major aims of tort law. In Donoghue v. Stevenson‚ the courts judged the manufacturer of the ginger beer‚ David Stevenson of Paisley owned a duty of care to Mrs Donoghue even though there was no contract between them. In Lord Aitkin’s “neighbour” principle‚ liability should be found as long as someone failed to “take reasonable care to avoid acts or
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taken into the Final Examination. 1. 2. 3 Commonwealth v State of Tasmania (1983) 46 ALR 625 Federal and State powers Lee v Knapp [1967] 2 QB 442 “Stop after accident” – golden rule Smith v Hughes [1960] 2 All ER 859 “in the street” – mischief rule 4. Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256 Several contract law principles 5. Harvey v Facey [1893] AC 552 Supply of information is not an offer 6. Pharmaceutical Society of Great Britain v Boots Cash Chemist (Southern) Ltd. [1953] 1 QB 401 Shop
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Clyde Coal Co. Ltd V English (1938). Common law duties were then set to provide and maintain: Safe place of work‚ safe means of access/egress Safe systems of work Safe appliances‚ equipment and plant Competent and diligent people - selection‚ training and supervision THE TORT OF NEGLIGENCE - breach of common law legal duty of care to exercise reasonable care towards others‚ resulting in loss‚ damage or injury. Key defining case - Donoghue V Stevenson (1932). Three main points
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compared to the risk of harm); What is the social utility of the activity generating the risk. These are the questions presented by section 9 of the Act. These principles have been derived from the Common Law. Cases such as Donoghue v Stevenson are particularly relevant. Donoghue was the case where Lord Atkin developed the ‘neighbour test’. The neighbour test asks “who should I have in contemplation as being someone that will suffer harm if I do a particular act or omit to perform a particular act”
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Question 1 A Sydney tramway passenger was injured in a collision with another tram‚ which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as `dead man’s handle’‚ a system in use on Sydney’s trains. According to my findings‚ Dead Man’s Handle refers to an old train device: the dead man’s handle. It was typically some form of switch that the driver would keep
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the case of libel or deceit‚ etc. An underlying problem of this approach was that there was no fundamental principle or test that was applicable to a novel set of facts. A broader formulation was introduced by Lord Esher (then Brett M.R.) in Heaven v Pender [1883] 11 Q.B.D. 503. This broader formulation was very much the precursor to the modern doctrine of negligence. Lord Esher‚ essentially proposing a doctrine of foreseeability‚ explained why a duty might be owed by one party not to injure another
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the Promenade’s management for negligence. As is was explained in Donoghue v Stevenson 1‚ if the Elsie would closely and directly affected by the Promenade’s management’s act ‚then the Promenade’s management owe Elsie a duty of care. Elsie is a lawful customer. The Promenade’s management is the property owner. It is clear that property owners owed customers a duty of care as it was decided in Australian Safeway Stores Pty Ltd V Zaluzna2. Therefore‚ the Promenade’s management owed Elsie a duty of
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in question Donoghue v Stevenson Neighbour Principle: You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour- Who‚ then‚ in law‚ is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question Donoghue v Stevenson Reasonable
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Hedley Byrne v. Heller [House of Lords] [1964] AC 465 Summary: Hedley (the appellants) were advertising agents who had provided a substantial amount of advertising on credit for Easipower. If Easipower did not pay for the advertising then Hedley would be responsible for such amounts. Hedley became concerned that Easipower would not be in a financial position to pay the debt and sought assurances from Easipower’s bank that Easipower was in a position to pay for the additional advertising
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Donoghue vs Stevenson (1932) is the first case law relevant of liability to third party. However‚ in this case‚ the liability is only established if there are physical harms of loss by third parties (not economic losses) Candler & Crane Chrismas (1951) is the next stage of development‚ where there is liability for financial loss if there is a contractual relationship‚ a fiduciary relationship or a fraud Hedley Byrne & Co Ltd vs Heller & Parties Ltd (1963) is a significant point of development
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