LAW 1507 Study Guide - Final Guide: Gett, Nervous Shock In English Law
23 May 2018
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Department
Course
Professor
Plaintiff v Defendant N or I + Type of harm + Duty/ possible claim + cases/ CLA
Dan v Ben/ Arial = Negligence, type of harm = physical. Duty of care = Occupying vs
1-Duty of care was owed to the plaintiff by the defendant as it was reasonably foreseeable
that if more than 20 people went on the jetty it could collapse, especially considering he had
sold over 500 tickets. The established duty of category would be occupying v neighbour and
under s 31 of the civil liability act (CLA)
Dan v Ben
The defedat’s egliget ehaiour has resulted i the plaitiff sufferig phsial har,
the duty of care that can be established is Tabet v Gett. The princip
2- Breach- The standard of care was breached as Corinna (a structural engineer) expected
the jetty and warned him of the consequences if no precautions were taken. Therefore,
because he did not hire two security guards to ensure there was an appropriate load on the
jetty and held to the standard of a reasonable person (what reasonable person).
Dan v Dr Ego = Negligence, type of harm = physical. Duty of care
1-
1. Fran v Ben/ Arial = m
2. Henry v Greth = b
3. Irene v Henery = b
4. Henry v Jonne/ Killen = Fi
*Duty stage is all about the person to person establishment. Breach stage is all about the
event. Omission is under breach
Establish duty of care
• Teacher to student
• Employer and employee
• Driver to passenger
Cases
Barett Chealsea Hospital Maageet = If the aser is es the plaintiff would of got
hurt/ injured wither or not the defendant acted poorly then although there is negligence
and clear breach of duty the action fails and there is no liability. (The negligence of the
defendant had placed the plaintiff in a position of no greater risk then she was already in).
Tabet v Gett (2010) 240 CLR 537=
D’Orta Ekeaike Vitoria Legal Aid 5 CLR , =MHugh J said Reasosale
foreseeability of physical harm is generally enough to impose duty of care on a person who
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