LAW 1507 Lecture Notes - Sutherland Shire, Tweed Shire, Special Relationship
23 May 2018
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■There is no general duty to act or take positive steps for the safety of others
A a o the eah is ot legally oud to pluge ito the sea he he a foresee that a
sier ight dro per Brea J, “utherlad “hire Couil Heya
Means=A complete stranger does not have a duty of care e.g child drowning stranger does
not owe the child any help. Unless of course you have a duty of care to that child.
Two situations in which law imposes a duty to act (This is important)
1.Where there is a special relationship between the plaintiff and the defendant giving rise to
a duty to take positive action to ensure safety of P
2.Special relationship between the D and a third party such that the D is required to take
positive action to ensure that he third party does not cause damage to others
Cover duty then breach= First establish a situation in which duty to act to protect others is
applicaple
THEN
Answer: What ought to have been done in these circumstance
Special Relationships: Parent and Child
Case- Robertson v Swincer (1989) 52 SASR 356
Where there is a relationship where one person can be expected to keep another safe then
a duty of care is required.
About Robertson v Swincer- Parents were talking child went to car and ran back and was hit
by a car coming back by a car. Parents came involved because the family sued the family of
the person who hit the child, but then the insurance of car crash person said that they have
a duty of care to protect a child.
However- Judge said unless the parents called the child into the danger they do not have a
duty of care, e.g if they told the child to run to the them and they got hurt them.
Tweed Shire Council v Howarth [2009] NSWCA 103
About: The father was in care of father while he was working on the property. They sued
the council, but the council said he owed a duty of care. Court said while there is no general
duty parents need to look after child still. Duty existed because the father took the child to a
dangerous place.
Boland v Hoffman [2012] NSWSC 571 and Hoffman v Boland [2013] NSWCA 158:
About case- Boland v Hoffman- Grandmother was holding baby when she fell down stairs.
The duty did not arise from her looking after child but it arise because she was holding baby
while on stairs.
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