LLB102 Lecture Notes - Lecture 13: Wyong Shire, Objective Test, State Rail Authority
Document Summary
Plaintiff must prove each of the elements: duty of care, breach of the duty, damage. Only then is there a shift to the defendant to prove any defences. Parties and the interference / alleged negligence. Identify the established duty of care category and provide a relevant authority. Motor vehicle drivers, employers, medical professionals, solicitors, occupiers, manufacturers, school authorities/teachers. See lecture and paragraphs referred to in the study guide. Establish the standard of care required by the circumstances of the case. Always start by setting the base standard relevant to the facts given ie: a reasonably competent . Then check to see if there is anything on the facts which requires you to consider whether that base standard should be altered ^ or. Hint: - always state the relevant standard according to the facts of the problem in your answer. Probability of harm *rta v dederer. Burden of taking precautions *rta v dederer. Statutory standards *o"connor v sp bray.
