Negligence 2 Has Damage occurred? 2 Burden of Proof 2 Duty of Care 2 Breach 7 Causation 11 Res Ipsa Loquitor 11 Factual Causation: 5C (1) (a) 11 OR 11 Established Principles 5C (2) 11 Scope of liability 5C(1) (B) 12 Coincidence 12 Scenarios with only one necessary condition 12 Multiple necessary conditions 13 Multiple sufficient conditions 13 Intervening Acts (novus actus interveniens) 15 Remoteness of Damage 16 General Principle 16 Reasonable Foreseeability 16 What must be foreseeable? 16 Occupiers Liability 27 Who is an occupier? 27 Historical Approach 27 Criticism of historical approach 31 Current Australian Approach 31 Who is an occupier? 32 Scope of the Duty 34 Legislation and the Scope of Duty 36 Warning signs 38 Landlords 40 Liability for criminal conduct of 3rd parties 41 Interaction with Civil Liability Act 42 Pure Economic Loss 43 WHERE THE PURE ECONOMIC LOSS IS A CONSEQUENCE OF RELIANCE UPON A NEGLIGENT STATEMENT 46 Liability arising through negligent acts 53