LLB102 Lecture Notes - Lecture 8: Waverley Municipal Council, Objective Test, Wyong Shire
Document Summary
Element 2 - breach of duty of care. An act or omission of the defendant. Onus of proof - plaintiff on balance of probabilities. Measure of reasonableness not elimination of risk (*swain v waverley municipal. Lower standard according to child"s age and experience (*mchale v watson*) If a child was carrying out an adult" activity they will be assessed as a reasonable person (*tucker v tucker*) Raise standard to take into account special skill. Eg doctor, specialist, trained persons (*rogers v whitaker*) If defendant holds themselves out to possess the skill, this raises the standard. No allowance made where exercise of some special skill is required (*imbree v. Raises the standard (*paris v stepney borough council*) May lower the standard but must anticipate carelessness (*bus v sydney city council*) May be owed a higher standard of care. Take into account age and experience (*double-day v kelly*) Civil liability act 2003 (wld) s 46(1)(c)
