Thursday, February 21, 2019
Commercial Law Flow Charts and Notes Essay
You moldiness take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to harm your neighbour- Who, then, in law, is my neighbour? The answer seems to be someones who are so about and like a shot affected by my act that I ought reasonably to convey them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in read/write head Donoghue v Stevenson Neighbour Principle You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour- Who, then, in law, is my neighbour?The answer seems to be somebodys who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question Donoghue v Stevenson Reasonable Person Test individual action or failure to act as a reasonably prudent person would und er similar circumstances, resulting in harm to another Blyth v Birmingham water company Co (1856) Papatonakis v Australian Telecommunications Commission (1985)That it is appropriate for the negligent persons liability to deport to the harm so caused This was stated in Section 5D of the Civil financial obligation Act 2002 (NSW) and is consistent with the case of Adeels rook Pty Ltd v Moubarak Other Tests for a causal link to exist these elements must be satisfied iii. Negligence was a necessary condition for the circumstance of the harm iv. That it is appropriate for the negligent persons liability to extend to the harm so caused This was stated in Section 5D of the Civil Liability Act 2002 (NSW) and is consistent with the case of Adeels Palace.
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