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70311 - Torts
1 Found helpful • 60 Pages • Complete Study Notes • Year: Pre-2021
Is there a duty of care? a. Identify if established category, then cite authority b. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Your neighbour in law refers to anyone that is directly affected by your acts or omissions (Donohoe v Sevenson 1932) c. McHugh‘s 6 stage approach established in Crimmins v Stevedoring Industry Finance Committee (1990): 1. Reasonable foreseeability – Was it reasonably foreseeable that the act would result in injury? 2. Did the defendant have a duty under statute to protect a specific class from risk of harm? a. Did the plaintiff fall under this specific class? 3. Would such a duty impose liability with respect to the defendant?
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