LAW 122 Lecture Notes - Lecture 4: Contributory Negligence, Tony Twist, Objective Test
19 Jul 2015
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Case study p133q10: tony twist successfully sued mcflarene for defamation, vicious killer. Bars if the bar is not careful, and serves too much alcohol and later sends the person home the person could easily be injured: it was reasonably foreseeable, sufficient proximity. Inviting one to your home, if you are aware of a hazard and he or she is hurt, you are liable for occupiers liability. Did the defendant breach the standard of care: reasonable person test (objective test) Consider likelihood of harm and severity of harm. Sudden peril doctrine (a reasonable person will not act calmly in an emergency) Case study - pg159q9: sudden peril doctrine. Plaintiff must prove that they would not have been injured but for defendants negligence. Did carelessness cause injury/harm: but for test, prove on balance of probability (51%, remoteness defence. Liability (unless there is a defence: contributory negligence (shared negligence, voluntary assumption of risk, illegality.
