LAWS1100 Study Guide - Midterm Guide: Safeway Inc., Breach (Security Exploit), Eugenius Warming

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5 Oct 2018
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Negligence is the most common tort: most acts that cause harm to other people are the result of carelessness rather than intent. (e. g. car accidents) In a tort of negligence, you need duty, breach and causation. Identifying the duty of care is relatively straightforward, provided that the relationship between the parties falls within the established categories (motorists, doctors, solicitors, manufacturers, occupiers, architects, agents, directors, employers) of duty of care. Page. 220: law principle 1: if manufacturers liability: a manufacturer of goods or products owes a duty of care to people who use their products- such as customers. Law principle 2: if occupier"s liability: an occupier of premises owes of duty of care to all persons entering the premises to ensure that the premises are safe. Australian safeway stores pty ltd v zaluza (1987) (special case: on premises without permission) an occupier owes a duty of care to people who are on their premises without their permission.