LAW203 Final: TORTS-EXAM-NOTES-

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

Document Summary

To establish a breach of duty, the plaintiff must prove that the defendant"s conduct fell below the required standard of care. The standard of care if determined by reference to the actions or omission of the reasonable person in the circumstances of the defendant. Actions of defendant v those expected of a reasonable person. Majority judgment in bankstown foundry what needs to be considered to be reasonable in the circumstances of the case must be influenced by the current community standards. Common law test laid down in wyong shire council v shirt: First ask whether a reasonable man in the defendant"s position would have foreseen that his conduct involved a risk of injury to the plaintiff or a class of persons including the plaintiff. Hc endorsed shirt as the test for breach of duty in nsw v fahy.