JSB171 Lecture Notes - Lecture 1: Reasonable Person, Waverley Municipal Council, All England Law Reports
Document Summary
There are three elements to negligence a duty of care, a breach of that duty, and damages. This week will be focusing on the breach of that duty of care. Last week we looked at duty of care. In torts a we will only look at established categories of duties of care, not novel duties. Completed the self-directed learning materials in week 7. You must first state the relationship, the established duty. Then state the scope of the duty. Ask what is the standard of care?". Glasgow corporation v muir [1943] ac 448 at 454. Swain v waverley municipal council [2005] hca 4. Onus is on plaintiff on balance of probabilities to establish breach. The standard is a question of law. Objective test: the standard of reasonable foresight of the reasonable maneliminates the personal equation and is independent of the idiosyncrasies of the particular person whose conduct is in question : glasgow.
