LAW203 Lecture 6: WEEK 6 - Categories of Harm
Document Summary
Duties relating to injuries arising from the following; (i) (ii) (iii) (iv) (v) Physical injury and property damage have the same requirements for the duty of care. Where a person has suffered physical harm, whether the harm was caused by an act or omission may alter what is required to establish a duty of care. Harder to prove a link between something that was not done (omission) that it is for something that was (act) Question of omission raises the problem of whether there is a duty to rescue, the general rule of negligence is that there is no duty. Should be distinguished from the moral duty to rescue; Good samaritan a person who voluntarily assists a person in an emergency. Volunteers liability has been limited where they have acted in good faith. Duties to third parties controlling the conduct of others.