LAW203 Study Guide - Final Guide: Independent Contractor, Lord Advocate, Objective Test
27 Jul 2018
School
Course
Professor
Document Summary
Damage: personal injury, pure economic loss, property damage. Breach: factual breach-the actual event, calculus of negligence factors. It is essential to consider reasonable foreseeability when considering remoteness (hughes v. Lord advocate: the test is generalised, not specific (hughes) Imbree v mcneilly: the plaintiff freely and voluntarily, with full knowledge of the nature and extent of the risk, obvious risks. Impliedly agreed to incur it: cla s 5f, cla s 5l. Duty of care: established category of case (rogers v whitaker, single comprehensive duty, examination, diagnosis, provision of information, treatment. Standard of care: reasonable medical practitioner (rogers v whitaker, the standard of reasonable care and skill required is that of the ordinary skilled person exercising and professing to have that special skill, cla s 5o; 5p. Breach: material risks test-rogers v whitaker, objective. Duty: established category of case, employer/employee (czatyrko v edith cowan university, scope of duty, safe place of work, safe system of work, adequate plant and equipment.
