LAWS1100 Study Guide - Final Guide: Collateral Contract, Estoppel, Undue Influence
Document Summary
Requirement 1: the defendant owes the other person a duty of care, in established categories or not. Established categories: motorists to other road users, doctors to patients, accountants to clients, bankers to clients, manufacturers of products to customers, occupiers to people who come onto their premises, employers to employees, debateable school to students. Defence of tort of trespass: accident (interference neither intentional/negligent, consent, necessity (protection from imminent and real harm, self-defence (proportionate to threat, defence of property. Justification: absolute privilege (during parliamentary or judicial proceedings, fail reporting, honest opinion. Injunction - if a person continually commits the tort (such as nuisance/trespass/defamation) Capacity to contract: parties must have contractual capacity for contract to exist. Intoxicated persons (of unsound mind/taken advantage of) are considered with insufficient legal capacity to contract. Bankrupt: bankrupts do not have full legal capacity to enter into contract (bankruptcy act 1966) It is criminal offence to enter into some type of contract without disclosure of bankruptcy.
