CRCJ 3003 Lecture Notes - Lecture 3: Liquor License, Dinner Theater
2 Aug 2016
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Standard of care: the content of the responsibility. (what are the actions you have to do in order to meet the duty) Test that is used to determine public official can have duty of care. Gvmnt cant be held in negligence for its policies, but only in the ways in which it applies and executes its laws. As general rule, need to look for existing categories. If it is a completely new scenario, then court needs to consider the relationship. Existing categories did not contain relationship in cooper v hobart and it also wasn"t similar so it needed to be analysed on its own. Because relationship was new, courts looked at enabling policies to see the rules of how government should act. Problem with this is that gvmnt will also be careful when writing its policies in order to minimize liability. Duty was found to be to general public, not specifically to investors.
