Business Law

IPAAC Issue, Principle, Authority, Application, Conclusion

Negligence The omission to do something that a reasonable soul would do, or doing something that a reasonable person would not do.

i. craft of Care

Donoghue v Stevenson (1932) established modern concept of negligence, setting out general principles whereby one person would owe some other person a duty of address.
This grapheme confirms duty of care as base element for negligence. Also highlights difference mingled with negligence of Law of K.
* Novel cases
Foreseeability of harm - of general quotation to a class of persons
Salient features multifactor approach
* Established Categories alternative elan to establish duty of care i.e PRECEDENCE
1. Manufacturers Consumers
Donoghue v Stevenson (1932)
Grant v AKM (1936)
2. Suppliers of Dangerous Goods
McCabe v BAT Aust (2002) and BAT Aust v Cowell (2002)
3. automobilist/Road Users
4. Employer/Employee
Paris v Stepney Borough Council (1950) One eyed man
5. prison Authority/ Prisoner
6. School/Pupil
7. Hospital/ Patient (medical negligence death)
8.



remediate/ Patient
Rogers v Whitaker (1992) - P success securey sued D undermentioned an eye operation alleging D failed to warn P that she king develop a condition known as forgiving ophthalmia in her eyes as a run of the surgery, which she did, leaving her almost totally blind. Held (dismissing the appeal): Except in the case of an emergency, or where disclosure would prove damaging to P, D had a duty to warn of the risks inherited in the treatment. The fact that a body of other reputable doctors would have acted in the selfsame(prenominal) way as D did not preclude a finding of such negligence.

9. Occupier of Land/Entrants
Australian Safeway Stores v Zaluzna (1967)
Hackshaw v Shaw (1984) Farmer Joe trespass
Nagle v Rottnest Island Authority (1993)
10. Nervous cushion and 3rd Parties motorist owe DOC to relatives for nervous reverse caused during aftermath of accident
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