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Table Of Contents

Is there a duty of care?
Standard
Foreseeability
CAUSATION
Intervening cause
Has the P suffered actual damage?
Come to overall conclusion as to whether or not there is an action in negligence
Defences to a negligence action
Remedies for negligence action
Pecuniary Loss
Loss of Earning Capacity:
Loss of Expectation of Life:
Gratuitous Services Provided to the Plaintiff:
Hospital and Medical Care:
Gratuitous Services Provided by the Plaintiff:
Treatment of Contingencies:
Collateral Benefits:
Calculation of Lump Sum
Non-Pecuniary Loss
Damages and Death
Fatal Accidents Legislation
Mental Harm
Duty of care:
Occupiers Liability
Duty of Care
Pure Economic Loss
When will a duty of care be owed not to cause pure economic loss?
What is required for PEL duty of care?
Statutory Authorities
Misfeasance/Nonfeasance distinction
‘Routine’ v ‘Failure to Act’ cases
Establishing a duty of care in failure to act cases: McHugh J’s six-point test
Highway Authorities
Reasons for overturning Highway Immunity Rule
Supposed purpose of the rule
When will a liability be established – apply ordinary negligence principles
Liability for Animals
Cattle Trespass –
Scienter –
Legislation and Dogs
Breach of Statutory Duty
Duty 4 Elements:
nature of the duty
Determining breach –
Determining Causation
Defences
Trespass to the Person
Battery
Assault
False Imprisonment
Trespass to Land
Trespass to land
Trespass to airspace
Continuing trespass
Licences
Exceeding a licence
Private Nuisance
Interests protected
Factors to consider when determining reasonable user
Liability
Remedies
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Australian Torts NSW notes

Australian Torts NSW notes

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Published by Simon Steward

notes on torts

notes on torts

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Published by: Simon Steward on Jan 31, 2013
Copyright:Attribution Non-commercial

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09/17/2013

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