LAWS1061 Study Guide - Final Guide: Personal Injury, Independent Contractor, 5G
Document Summary
Breach of duty: reasonable foreseeability s5b s5b (1) person is not negligent in failing to take precautions of the harm unless(c) in the circumstances, a reasonable person in the position would have had those precautions . Wyong shire v shirt - not farfetched or fanciful not probability . Council sofc determined by the risk & its consquences to the individual and not class of persons (3) burden: too expensive, dif culty in taking precautions in relation to (1) prob. Red cross society cost to society, only if prob + mag outweighs . Variy v wyong shire - not working out what should have or could have done to prevent it, but what a reasonable person would have done in response to the potential risk . S41 principles concerning resources, responsibilities etc of public or other authorities (a) functions requiredauthority limited by nancial and other resources that are reasonable available .
