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MLL213 (16)

Study Guides for MLL213 at Deakin University

Torts

MLL213 Study Guide - Final Guide: Personal Injury, Wrongful Birth, Chief Constable

Topic 5 Negligence and Duty of Care TORT OF NEGLIGENCE DAMAGE: P must have suffered a recognisable form of damage Personal injury Psychiatric condition Property damage Economic loss Emotions like stress, anxiety, fear ...

Business and Law
MLL213
Sharon Erbacher
MLL213 Final: 0 Reforms
Exam

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Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Owen Dixon, Forceps In Childbirth, Structured Settlement

OVERVIEW OF TORTS DEFINITION A tort is defined as an intentional, wrongful act, other than a breach of contract, negligently or in circumstances involving strict liability. The recovery, normally compensation, is entirely ...

Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Contributory Negligence, Vicroads, Black Ice

10 Defences to Negligent Action CONTRIBUTORY NEGLIGENCE ISSUES FOR DETERMINATION 1. Was P negligent? I.e. did P fail to take reasonable care for own safety and, a. Ps negligence is a failure to reasonable take for own safe...

Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Sydney Water, Breach (Security Exploit), Determinative

6 Breach of Duty of Care FUNDAMENTAL PROPOSITIONS This element determines whether D has been negligent The touchstone of liability is that of reasonableness D is not required to guarantee P will not be harmed, but must ta...

Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Posttraumatic Stress Disorder, Implied Consent, Spring-Gun

Topic 2 TRESSPASS TO THE PERSON Trespass action is that of directness. Trespass does cover negligent as as intentional acts (with the exception of assault). McHale v Watson: M was playing tag with W. W threw a sharpened pi...

Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Canterbury-Bankstown Bulldogs, The Employer, Income Tax

4b Vicarious Liability Employer Liability for Employees: Employer vicariously liable for tortious acts by an employee Hollis v Vabu: Vs couriers owned and maintained their own bicycles. One hit a pedestrian in the course o...

Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Posttraumatic Stress Disorder, Psych, Cerebos

9B Mental Harm RECOVERY P can only recover for economic loss for mental harm if the harm is a recognised psychiatric injury: s 75 Eg. Depression, PTSD, phobias Responses like fear, shock or sorrow will not suffice Only re...

Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Justiciability, Protected Group

9 Omissions INTRODUCTION TO SPECIAL DUTY CASES SALIENT FEATURESCONTROL FACTORS In the novel cases, courts evaluate a number of factors to determine whether a duty of care should be imposed. Control of the activity by D (Cr...

Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Gett, Legal Certainty, Absolute Liability

7 Causation Once a breach of duty established, P must then prove a casual link between Ds breach of duty and Ps harm. RTA v Royal (2008) HCA 19 Collision between R and S, S sued R and RTA for negligence. held that any faul...

Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Fallopian Tube, False Imprisonment, Fiduciary

4a Defences to Intentional Torts CONSENT: Intentional Torts Onus rests on D to prove. MARIONS CASE. Hart v Herron: P went through Deep Sleep Treatment and Electro Convulsive Therapy. It was held that even tho P had volunta...

Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Determinative, Bolam V Friern Hospital Management Committee, Air Gun

6a Standard of Care STANDARDS OF CARE: STANDARD OF THE REASONABLE PERSON An objective standard Standard of care is that of the reasonable and prudent person in Ds position D must exercise the skill and care that a reaso...

Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Division Of Mackellar, Vicarious Liability, Blue Screen Of Death

12 Breach of Statutory Duty INTRO Independent of negligence often will be pleaded concurrently with negligence Not all breaches give rise only if it is clear parliament wanted it to be enforceable in a private tort action....

Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Personal Injury, Diminution, Miscarriage

11 Private Nuisance A substantial and unreasonable interference with the use and enjoyment of land. Material damage, and Intangible interferences Differentiation from trespass to land: Covers indirect interferences as w...

Business and Law
MLL213
Sharon Erbacher
MLL213 Study Guide - Final Guide: Leptospirosis, Mental Disorder, Lord Advocate

8 Remoteness of Damages GENERAL PRINCIPLES D not liable for all causallyrelated injuries Extra requirement: Ps injuries must not be too remote: Overseas Tankship (UK) Ltd v Morts Dock Engineering (Wagon Mound No 1) (1961)...

Business and Law
MLL213
Sharon Erbacher

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