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General Duty Of Care Notes

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This is an extract of our General Duty Of Care document, which we sell as part of our Torts Law Notes collection written by the top tier of University Of New South Wales students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Torts Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Class two- The General duty of care: In class notes: Civil Liability Act- outline changes

* Caps on compensation - Get 15% of the most extreme case. Reduce lawyer's willingness to take on a case- no money to be gained from it (hit suburban lawyers). Statutes are compromises. They reveal underlying political ideologies.

* Modifications to liability: protections and exclusions: o Volunteers. They are protected from liability. Politicians want more volunteers. o Professionals. They often deal with life and death decisions. They should not have to also worry about liability. o Self defence. o Under influence of drugs/alcohol. o Committing serious offence.

* Apology- not admission of fault. Is it baseless without this? No legal duty in terms of compensation.

* Breach of duty and causation. Civil Liability Act- Outline: Declaratory (how they want the law to be)

* Inherent risks (materialisation)

* Standard of care in contributory negligence.

* Liability of public authorities. Too many areas where local governments have liability. Civil Liability Act- Outline: future:

* Exemplary or aggravated damages caused by negligence are abolished.

* 'Good Samaritans' are protected. We want people to look after each other in society.

* Contributory negligence may defeat claim for negligence.

The beginning of negligence or action on the case (failure to exercise reasonable care and skill): The three elements:

* Cause of action: the defendant must have owed the plaintiff a duty of care.

* The duty must have been breached.

* The breach must have caused damage to the plaintiff. Historical significance:

* Today a duty of care must be shown to exist

* A legal formula decides the particular duty situation. It is well established for example that drivers owe a duty of care to pedestrians.

* Before the Donahue v Stevenson case there was no duty of care arising out of negligence. This case set a pattern for it. In the past the situation was governed by privity of contract. Page 160 Donoghue v Stevenson (1932) - introduced a duty of care to third persons in negligence. Facts:

* Donoghue suffered severe gastro enteritis when she found a snail in her ginger beer.

* The bottle was opaque and Donoghue had no reason to suspect it contained a snail.

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