LA 2020:03 Study Guide - Final Guide: Hospital Management Committee, 6 Years, Indictable Offence
Document Summary
Parties: v negligen(cid:272)e (cid:271)e(cid:272)ause . Duty of care: a manufacturer owes a duty of care to prevent injury to persons when it is reasonably foreseeable that they would use the manufactured goods (donoghue v. Stevenson): an occupier of premises owes a duty of care to persons entering the premises in respect of risks of physical injury arising from the condition of the premises (australian safeway stores v zaluzna). The occupier must take reasonable care to avoid unnecessary risk of injury: employers owe their employees a duty to take reasonable care not to expose them to unnecessary risk of injury. The standard of care is an objective test and a question of law for the court to determine (glasgow corp. v muir). The sta(cid:374)dard is that of a reaso(cid:374)a(cid:271)le, (cid:272)areful a(cid:374)d (cid:272)o(cid:373)pete(cid:374)t (quote duty source) Young children are expected to exercise only the degree of care one would expect of a child of the same age and experience (mchale v watson).
