LAW 1507 Final: TORTS SEMINAR NEGLIGENCE REVISION
2 Jul 2018
School
Department
Course
Professor
TORTS SEMINAR NEGLIGENCE REVISION
The individual’s obligation under the law of tort is created independent of an
agreement between the parties
Chapman v Hearse [1961] 106 CLR 112- in order to owe a duty of care we need to
foresee that someone of the class of the plaintiff could be injured if we act
carelessly
Normal fortitude and sudden sensory perception are relevant to determining normal
fortitude
Duty of care is owed regardless of normal fortitude if someone may suffer mental
harm
If someone of normal fortitude would react minor but someone of not normal
fortitude suffers mental harm as long as the person of not normal fortitude would
suffer mental harm.
What is the standard of care and has that standard been met?- Breach of duty or not
established?
Risk of danger, is it foreseeable and is the risk determined?
s32 (2) Civil Liability Act calculus of negligence
Pure omission arises when one person fails to positively act to protect another from
harm. No general duty to protect others, however certain relationships such as a
parent and child, education authority and pupil or prison authority and prisoner.
1
Melissa Sparrow (a1668063)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
The individual"s obligation under the law of tort is created independent of an agreement between the parties. Chapman v hearse [1961] 106 clr 112- in order to owe a duty of care we need to foresee that someone of the class of the plaintiff could be injured if we act carelessly. Normal fortitude and sudden sensory perception are relevant to determining normal fortitude. Duty of care is owed regardless of normal fortitude if someone may suffer mental harm. If someone of normal fortitude would react minor but someone of not normal fortitude suffers mental harm as long as the person of not normal fortitude would suffer mental harm. Risk of danger, is it foreseeable and is the risk determined? s32 (2) civil liability act calculus of negligence. Pure omission arises when one person fails to positively act to protect another from harm.
