Torts Assignment

In deciding the case for Santo, it is necessary to examine both the Civil Liability Act 2002 (NSW) and relevant case law regarding the duty of care in relation to pure psychiatric harm. It is first necessary apply the preconditions outlined in the CLA to Santo’s case. With respect to the requirement of the plaintiff being a ‘close member of the family of the victim’ , it is safe to say that Santo fulfils this requirement, being the father of Juanita. The plaintiff must also have suffered a recognised psychiatric illness , which is also fulfilled by Santo, having suffered post traumatic stress syndrome. The failure of OzzieOzzie Ltd to test the new solar panel system despite clear instructions to do so by the manufacturer is clearly a form of negligence on their part. Applying the test of reasonably forseeability, it was reasonable for OzzieOzzie, who assumed responsibility for the running of the stadium during the concert, to foresee that if the system was in fact faulty and malfunctioned in a stadium at its full capacity, then the crowd would panic and with no doubt leave many injured.
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