Facts: battery and assault claimed in self defence Issue: Continuing/adopting a nuisance (obligation to protect neighbours from trespassers or Facts: Muslim hit by supermarket box, cut hair, marriage breakdown/depression In Kavanagh v Akhtar (1998), the plaintiff injured her arm due to the defendant’s negligence. compensatory damages but may reduce exemplary damages. In October 2002, the . Facts: P1 tripped on uneven driveway of defendants Issue: failure to warn and negligence in positioning flags Held: contributory negligence no defence to battery, Day v Bank NSW (1978) (S/C SA) Facts: Told to go with police on train due to warrent Issue: causation, whether negligence of 2nd def regarded as the cause of injuries Waitetileman) tells us that plaintiffs must be taken as they are, while Kavanagh v Akhtar tells us that this can extend to social, and indeed, marital circumstances. (Jim Bourg/Reuters) The truth matters, and the truth is proved with evidence. Test for causation= 1. Facts: fell off a cliff in nature reserve Held: each case depends on own circumstances, ownership of premises/control, creation of Facts: P1 told husband injured as a joke and suffered travel expenses and permanent physical necessarily determinative of breach, Fallas v Mourlas (2006) (C/A) Swain v Waverley Council (2005) HCA Facts: Employee injured at work, needed 5 years treatment, employer claimed against negligent (Kavanagh v Akhtar) – [wife cut hair because of shoulder injury and husband became abusive due to religious beliefs on having hair] Onus of proof in causation S5E: plaintiff always bears the onus of proving, on the balance of probabilities, any fact relevant to the issue of causation Facts: 2nd Def parked truck on centre line to load veg from 1st def. Issue: False Imprionment Therefore no trespass. Symes v Mahon 5F P1 presumed to know of obvious risk Issue: False Imprisonment Imperial Chemical Industries Ltd v Shatwell  AC not a test for causation, an intervening act that is wrongful/conscious act of a sane person need Facts: 2 brothers blasting. Held: exceed right to self defence. Foot and Ankle; Hand and Wrist; Hip; Knees and Leg reasonable care prevention of harm 2 . Updated 07/09/2018 09:09 PM EDT. Issue: whether test for volenti actual or constructive knowledge Held: trespass depends on invasion of procession, termination of bailment may allow bailor to Found against P, Agar v Hyde (2000) Issue: whether early retirement caused by def neg in car accident (eggshell skull is about damages not liability), Kavanagh v Akhtar (1998) NSWLR The case concerned three parties; Chapman who drove negligently, Dr Cherry who assisted him on the side of the road, and Hearse who, in driving negligently, killed Dr Cherry while he was assisting Chapman. Facts: tree catches fire on def’s property he cuts down left smouldering and fire spread to Held: Duty regarding physical state of premises, but basis is control and knowledge. Hamilton v Nuroof (WA) P/L (1956) It was held to be foreseeable that depression could contribute to breakdown of marriage and subsequent worsening of the illness. (NB CLA not overturns this), Harriton v Stephens  (HCA)... ALSO (Edwards v Blomeley... Waller v James) Facts: P1 allowed on def’s property was drunk and told to leave, ejected with more force than relationship is the key rather than legal status (however CLA now excludes), Facts: P1 sstruch by cricket ball hit over fence from cricket club happens rarely Issue: Wrongful birth, whether damages awardable 1. Facts: ate contaminate oysters, hep A, 3 defs Issue: causation, intervening acts, liability for subsequent consequences of medical treatment Brothers disregards and one injured seriously Held: No duty as was legal speed. Issue: statutory authority anytime once complying with it. Held 2nd def negligence caused P1’s injuries, Faulkner v Keffalinos consequences reasonably foreseeable as arising from 1st tort (therefore new act not included). We have emphasized that “[t]he words ‘material and necessary,’ ․ are to be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity. The most Kavanagh families were found in the USA in 1880. Held: No duty here (illegality does not negate duty in all circumstances) no reason to expect Facts: railway, exploding package, falling scales Facts: real estate cheques and issued wrong ones to parties Held: Neg def may be liable for consequence of later neg by another dependant on whether Performance Cars v Abraham  QB  ALL Facts: P1 smoker got lung cancer, def argued volenti (P1 knew/ought to have known) Provocation no defence to battery and does not reduce 07/09/2018 02:11 PM EDT. 1. foreseeability (yes) Held: eggshell extends to family context, DUTY: ECONOMIC LOSS (Pure economic loss) Held: No duty, cannot use hindsight, at time reasonable steps taken, Derrick v Cheung (2001) (HCA) Issue: Occupiers liability regarding acts of third parties Introduction. His lawyer Niranjan Mundargi submitted arguments on … 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. casino. The eggshell skull rule is a legal doctrine upheld in some tort law systems, which holds that a tortfeasor is liable for the full extent of damage caused, even where the extent of the damage is due to the unforeseen frailty of the claimant. Issue: Duty to avoid inflicting psychiatric harm Sullivan v Moody, if duty recognised children could sue parents, scope of duty cannot be Held: policy/operational dichotomy, general rule= no common law duty to exercise stat power Facts: P1 detained on suspicion in own house, not told under arrest Held: Was duty, relevant employer knew of special situation, different duty owed to that of other In that case the depression and ‘disfigurement’ of the plaintiff led to a breakdown of marriage and aggravation of marital life. the reasonableness of the behaviour of the plaintiff. determined unless damage can and can’t compare life to no life. Held: contract imposed payment, lawfully entitled to impose the condition, P1 free to leave The ruling could lead to the … Held: where number of conditions is important to consider law recognises concurrent and Hutchins v Maughan  VLR 131 Scott v Shepard (1773) constraint or persuasion, policy alluded responsibility to employee, therefore def not liable, Copyright © 2020 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Upgrade to Premium to read the full document, Share your documents to get free Premium access, Sample/practice exam 2015, questions and answers, Summary - complete - Elements of Trespass to Land Notes. trespass is right to exclusive use and occupation of land, therefore was trespass. Facts: P1’s husband injured in car accident, brain damage and depression and committed suicide. Facts: homeless family of squatters Issue: protection of the person/ necessity where no consent Munro v Southern Dairies Ltd  Held: if real risk duty exists to provide safe system, must allow thoughtlessness and careless ness ordinary standards of care and competence no proximity, Grant v Aust Knitting Mills  (Privy Council) Get step-by-step explanations, verified by experts. imposed on employee not employee. Held: No duty, sports context significant involve possible injury, voluntary, Neindorf v Junkovic (2005) Issue: Duty to prevent reasonably foreseeable risk capacity to act/vunerability, def already began to act and had special knowledge therefore had Facts: The present dispute arises out of a partnership deed between the parties dated January 30, 2015. Tame v NSW and Annetts v Aust Stations P/L (2002) It was also applied in, (2006), where the plaintiff had released his seatbelt and moved to the. Sued council and RTA (owner of bridge) Issue: remoteness, eggshell skull RTA: allowed appeal to H/C No breach, duty no negated due to voluntary actions yet extend of CLA Part 6-intoxication Asbestos- Mesothelioma. Paris v Stepney Borough Council  (HL) Issue: whether was unlawful arrest, assault and false imprisonment? New York had the highest population of Kavanagh families in 1840. Held: H/C didn’t overrule shirt analysis, Mulligan v Coffs harbour (2005) Firstly, the plaintiff will not be liable for failing to take precautions where doing, (1973), the plaintiff was not found to be contributorily negligent for, jumping from a train that had started to leave early without warning because his. Issue: Duty of care in criminal ventures Issue: causation, intervening acts infant son was on the platform and the next stop was 80 miles away. Harm Issue: battery and assault Issue: Breach of duty, scope, obvious risk, contributory negligence, recreational activity, Issue: whether standard of care expected is less for a child than adult, Czatyrko v Edith Cowan University (2005) Not jusitifed Held: Test is whether consequence of same general nature foreseeable, not unlikely to occur, take care not to cause. Issue: volenti consent to travel with drunk driver Issue: title to sue in trespass Sutherland SC v Heyman (1985) CLR Get full nutrition facts for other Kavanagh's products and all your other favorite brands. Held: knowledge of risk/power to prevent not sufficient, depends on relationship between danger, reliance, knowledge may create duty. Because of this, she decided to have it cut, infuriating her highly religious husband, who eventually divorced her over the issue. Moderate - On your feet for much of the day, either standing or occasional slow paced walking. Akhtar v Boland. Held: school liable non delegable duty, imposed on schools for immaturity of children, Held: duty to advise mother of problems, but does not shoe duty to foetus, coherence issue of Issue: Duty of care, burden of precautions, obviousness of risk Facts: Blind in one eye, employee didn’t provide safety goggles Battery: “the least touching of another in anger= battery”... except for normal everyday contact, Rixon v Star City (2001) 53 NSWLR 98 Held: no assault/battery cause was not hostile and no false imprisonment or unlawful arrest Held: actual knowledge essential. Rashid Raza v. Sadaf Akhtar . 3. was P1 vunerable (yes) employers. Held: lack of direct perception not critical, friends may sue as closeness and affection of Facts: child bumped head totally incapacitated cause of over protective parents sue in conversion but not in trespass. Facts: snail in ginger beer Common sense. Akhtar was born on July 15, 1914 in Agra, British India..Akhtar is one of the famous and trending celeb who is popular for being a Scientist. Issue: volenti, statutory authority, non delegable duty As a result, she could no longer maintain her long hair. Issue: Private nuisance acts of 3rd parties as cannot control (consistent with no duty to rescue), Chapman v Hearse (1961) (HCA) Facts: underpants, developed dermatitis Held: Neighbour principle, Hargrave v Goldman (1963) There are 370 calories in 100 g of Kavanagh's Porridge Oats. P1 drunk speeding collided. 4. did def know of risk of harm (yes) As of 2018 Akhtar Khan is 85 years (age at death) years old. Facts: 2 P’s injured in rugby argued rules exposed them to unnecessary risks Held: P1 failed to establish causation as not a necessary condition patient would have died Held: applicable where defect is ‘hidden and unknown’ as long as reaches consumer in same The author of the communication, dated 27 August 1998, is Mr. Joseph Kavanagh, an Irish national, born 27 November 1957. Held: no standard of care as drunk driver. parties, terms scope and purpose of legislation, here leg intent not in regards to duty. Held: no policy but can impact on operational, no knowledge of danger on P1’s means no Murray v Ministry of Defence  (H/L) Issue: if failure to exercise stat powers= breach of duty E onus is on the plaintiff to prove, Barnett v Chelsea and Kensington Hospital Management committee (1969) In 1840 there were 9 Kavanagh families living in New York. Issue: difference between essential preconditions and causes by council to stop diving. Facts: sterilization Held: council owed duty, knew pictogram uneffective not sufficient to do nothing but if their wishes are known, doctor must act in accordance with professional opinion, Horkin v Nth Melbourne Football Club Social Club  anyway, March v Stramare (1991) CLR Annetts- look at factual indicators, foreseeability, relationship, Gifford v Strang Patrick Stevedoring P/L (2003) sensitiveness, coming to nuisance no defence, must be judges in social and local setting, of assault. The husband was a strict muslim, and this resulted in their marriage breaking down. Mahoney v Kruschich Demolitions (1985) CLR Kavanagh v Akhtar Defendant negligently caused a shoulder injury to the plaintiff, who then cut her hair because she could no longer care for it. 2 eyed employees, consider likelihood and consequences. of significant change to goods. because was in power of the Casino Control Act 1992 (NSW), Zanker v Vartzokas (1988) (S/C) Cattanach v Melchior (2003) Facts: defects in building, later purchases council failed to inspect construction duty owed assumes users exercise reasonable care and thus no duty to prevent injury. responsible for omissions of previous (yes) Issue: nature of interests protected Eggshell Skull Rule Haley v L.E.B. The above provisions do not alter the common law however it was an aim of the, 9 out of 9 people found this document helpful, The above provisions do not alter the common law, however, it was an aim of the, be as lenient in determining the plaintiff’s fault, despite the fact that the potential, loss for the plaintiff is greater than that of the presumably insured defendant, Everyone owes a duty to prevent harm to themselves given the fact that the, community must often bear some burden in dealing with the consequences of the. Held: no volens if no appreciation of risk, but here qualified shooters, here acting without Typical jobs: shop assistant, teacher, chef/cook, bar worker, engineer. Held: Was duty, drastic measures are within limits of reasonable care at such a danger. Equality before the law puts a heavy onus on the person who would argue that the "unusual" reaction of an injured plaintiff should be disregarded because a minority religious or cultural situation may not have been foreseeable. 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. Issue: non delegable duty/ vicarious liability Held: irrelevant no damage to land, cannot break down a door to serve summons, purpose of Issue: Negligence Facts: RR in 2 accidents same area damaged twice not repaired after 1st accident Held: No duty, probability slight not reasonably likely and only effective precaution is not to Facts: bicycle struck by truck driven negligently, TRESPASS TO THE PERSON: ASSAULT/BATTERY/FALSE IMPRISONMENT, Cole v Turner (1704) and Mustapha Omari v Fatma Omari  ACTSC 33 held that the will of an elderly Muslim woman named Mariem Omari was invalid. 5H no proactive duty to warn of obvious risk Held: No duty, risk obvious, voluntarily participating (though does not negate duty is significant He was narrowly confirmed by the U.S. Senate following contentious hearings at which he was accused of having sexually assaulted a female acquaintance in the early 1980s, when both were high-school students. likely, S 5L of CLA may apply where significant risk differs from obvious risk that materialises, McHale v Watson (1965) Facts: Diving case, against public authority employees taking unreasonable risk, therefore duty exists. Amaca P/L v NSW  NSWCA Nuisance must be so substantial degree of interference to cause damage to Facts: neighbour milk delivery business, horses produced noise, smell and flies 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 … Share on … Facts: state allowed wild dogs, they killed P1’s sheep Crimmins v Stevedoring Industry Finance C’tee (1999) (H/C) Held: causation must be established before reasonable foreseeability, reasonable foreseeability Issue: damages and wrongful life obvious risks, burden of precautions unreasonable. Therefore neglig treatment is a risk but not ‘inexcusably bad treatment’. Secondly, the courts recognise that plaintiffs may not always make the most, reasonable judgements when faced with an impending risk, known as the, had a few seconds to decide whether or not to jump. successive causes. neighbours land, Held: No duty as would undermine other law principles and the coherence of the law. property of comfort, not judged according to dainty standards of living, not abnormal Chapman and Hearse (1961) Issue: Duty of care, gravity or likely seriousness of harm Insurance Commissioner v Joyce (1984) CLR Kavanagh v Akhtar (1998) NSWLR- a Indian Muslim women had to cut her culturally significant hair as a result of injury to head and shoulder suffered due to defendant’s negligence. Issue: necessity Issue: Tresspass, Negligence (nervous shock), Action on the case Issue: breach of duty, the shirt test, volenti, vicarious liability Facts: Man hit by car, other tried to rescue and was killed but different car For a limited time, find answers and explanations to over 1.2 million textbook exercises for FREE! Issue: Action on the Case, standard of care for mental patents/reasonable man Held: P1’s presence at time/place of accident is not the cause. Facts: Lift from car, sexual favours, “mate will fix you up” Held: Doesn’t need to be a physical restraint, enough reasonable belief of no way to escape. other side of the car to avoid the point of impact in a car accident. Statute and employer required take place in shelter, statutory duty Held: Direct- compulsive necessity for own safety, Williams v Milotin High Court (1957) negligence in teachers to supervise in ordinary course of employment. Terms. If passenger sober enough to understand= contributory Facts: doctor negligent in not coming to hospital Woods v Multi-Sport Holdings P/L (2002) Facts: P1 scaled by molten bitumen at work Facts: trademarked wine bottles being reused Issue: failure to warn, inherent or obvious risk devise separate standard of class. reasonably necessary required. The nature of Nadia’s marriage, therefore, does not mean its breakdown was unforeseeable – foreseeability is limited, after all, to the initial harm suffered [No!] 5Ino liability for materialisation of inherent risk Seatbelts are an example of a form, of safety regulation where community standards are such that it is almost always, mandating a finding of contributory negligence in cases where a non-minor fails, Lastly, it has been found to be reasonable that, in certain circumstances, the, it was found to be unreasonable that the plaintiff fail to spot an oncoming car at, night because the defendant failed to turn on his headlights (. Held: No duty breach depends on reasonable persons against to guard against risks foreseeable, Facts: wrongful birth, failure to check fallopian tube after oral description given Held: obvious/dangerous means more than trivial, not far fetched or fanciful but not as high as Here there was sufficient causal proximity. Issue: whether pure eco loss recoverable/ duty of care condition it left manufacturer, Donoghue applies, duty of care owed, Romeo v Conservation Commission NT (1998) (HCA) Please sign in or register to post comments. NSW v Fahy (2007) This preview shows page 85 - 88 out of 135 pages. Held: No liability, cannot sue derivatively, Gala v Preston (1991)(HCA) Kavanagh v Akhtar (1998) 45 NSWLR 588, in which damages for gratuitous care were assessed at $90,000 out of $233,191.10. 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