Held: intervening act must be either a human action regarded as voluntary, or causally Her husband got angry and left her, and she suffered depression and suicidal tendencies. ordinary standards of care and competence no proximity, Grant v Aust Knitting Mills [1936] (Privy Council) Held: H/C didn’t overrule shirt analysis, Mulligan v Coffs harbour (2005) Get step-by-step explanations, verified by experts. 4 assumption of risk, Scanlon v American Cigarette Co (overseas) Pty (No 3) [1987] condition it left manufacturer, Donoghue applies, duty of care owed, Romeo v Conservation Commission NT (1998) (HCA) Facts: bicycle struck by truck driven negligently, TRESPASS TO THE PERSON: ASSAULT/BATTERY/FALSE IMPRISONMENT, Cole v Turner (1704) Facts: employee injured unloading truck when tripped no warning of hoist being lowered Akhtar Khan is a member of famous Scientist list. NEGLIGENT ACTS/OMISSIONS. Mahoney v Kruschich Demolitions (1985) CLR Held: No liability, cannot sue derivatively, Gala v Preston (1991)(HCA) The use of any other word to describe the marriage for instance invalid, unlawful, non-compliant, void tends to lead to the conclusion that it … Facts: ate contaminate oysters, hep A, 3 defs Thirdly, where injuries occur to employees in the workplace, the Court makes, Commissioner for Railways (Qld) v Ruprecht, Fourthly, while the existence of a statutory, of reasonable behaviour, it is not determinative. treating by doctor for indemnity/contribution Hollywood Silver Fox Farm v Emmett [1936] As a result, she could no longer maintain her long hair. Held: applicable where defect is ‘hidden and unknown’ as long as reaches consumer in same 5 D Necessary condition, scope of liability, exceptional cases where not necessary 5F P1 presumed to know of obvious risk Held: Not trespass-indirect (speech), Not Neglience- intentional, Action on the case??????? Here's what Brett Kavanaugh said on CNN about Bush v. Gore in 2000. compensatory damages but may reduce exemplary damages. other side of the car to avoid the point of impact in a car accident. Sutherland SC v Heyman (1985) CLR Issue: volenti, statutory authority, non delegable duty University of New South Wales • LAWS 1061, The University of Western Australia • LAWS 1061, Copyright © 2020. Held: Doesn’t need to be a physical restraint, enough reasonable belief of no way to escape. determined unless damage can and can’t compare life to no life. In 1840 there were 9 Kavanagh families living in New York. Facts: 2 P’s injured in rugby argued rules exposed them to unnecessary risks Issue: whether pure eco loss recoverable/ duty of care Issue: If football board owes duty to all players to avoid risk or unnecessary harm (Recreation) Not jusitifed Facts: defects in building, later purchases council failed to inspect construction Issue: Negligence Issue: failure to warn and negligence in positioning flags Facts: P1 sued def for negligent driving, bot found unconscious and smelling of alcohol Brothers disregards and one injured seriously Held: needs to be ‘great and imminent danger’ therefore not necessity (floodgates arguement). Provocation no defence to battery and does not reduce Facts: defendant accidentally shot P1 during kangaroo hunting at night This meant she could not properly care for her hair which she cut off angering her Muslim husband who subsequently divorced her leading to the plaintiff's psychiatric illness. Facts: snail in ginger beer New York had the highest population of Kavanagh families in 1840. Held: no policy but can impact on operational, no knowledge of danger on P1’s means no anytime once complying with it. Facts: 2nd Def parked truck on centre line to load veg from 1st def. Review of the Law of Negligence Report (the Ipp Report), 4. which become a foundation document for partial codification of … This was about 64% of all the recorded Kavanagh's in the USA. The author of the communication, dated 27 August 1998, is Mr. Joseph Kavanagh, an Irish national, born 27 November 1957. danger, reliance, knowledge may create duty. trespass is right to exclusive use and occupation of land, therefore was trespass. 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