LAW1113 Final: LAW1113 : Duty-of-Care Negligence

• School: Monash University
• Department: Law
• Course: LAW1113
• Professor: Joanna Kyriakakis

Document Summary

For a defendant to commit a tort of negligence with respect to a particular plaintiff, the defendant must have owed the plaintiff a duty of care. If the defendant didn"t owe a duty of care, then the defendant won"t be liable for negligence regardless of how careless she was towards the plaintiff. Novel situations: there are no settled cases in whether a duty of care exists or not. The court will therefore resort to some general test to ascertain whether a duty of care is owed to p. if there is no settled law, then must proceed with duty of care analysis. If a(cid:272)t (cid:449)ould har(cid:373) a (cid:374)or(cid:373)al perso(cid:374), the(cid:374) it(cid:859)s (cid:374)othi(cid:374)g to the poi(cid:374)t i(cid:374) ter(cid:373)s of foreseeability that the p has a special susceptibility. Vulnerability (eg. cal no 14; perre; johnson v esso; annets; gifford) If there are any steps the plaintiff could have taken to prevent it.