LAW203 Study Guide - Final Guide: Edith Cowan University, Average Weekly Earnings, The Employer

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAW203
• Professor: All

Document Summary

1 (if giving advice to more than one person: consider 1, 2 together) Intro: in order to achieve the best outcome, andrew should take the following course of action. In order to prove each of the defendant"s are liable in negligence, [plaintiff] must first prove that they breached their duty. The first issue is to set is the standard of care. For the purposes of assessment, the [defendant"s] conduct is to be judged against the objective standard of the reasonable in its position with no allowance for a defendant"s individual idiosyncracies (vaughan v menlove). If applicable: according to [case], the [particular characteristic of defendant] lowers/raises/has no effect on the standard of care. If applicable: applying the bolam principle determined in bolam v friern hospital and codified in s 5o, [defendant"s] conduct is to be judged against the objective standard of the reasonable [professional].