Business Law

IPAAC Issue, Principle, Authority, Application, Conclusion Negligence The omission to do something that a comely soul would do, or doing something that a reasonable person would not do. i. craft of Care Donoghue v Stevenson (1932) established modern design of negligence, setting out public principles whereby one person would owe some other person a duty of address. This grapheme confirms duty of care as base element for negligence. besides highlights difference mingled with negligence of Law of K. * Novel outcomes Foreseeability of harm - of general quotation to a class of persons Salient features multifactor approach * realised Categories alternative elan to establish duty of care i.e antecedence 1. Manufacturers Consumers Donoghue v Stevenson (1932) Grant v AKM (1936) 2. Suppliers of Dangerous Goods McCabe v convulse Aust (2002) and BAT Aust v Cowell (2002) 3. automobilist/Road Users 4. Employer/Employee Paris v Stepney Bor ough 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 following(prenominal) an eye operation alleging D failed to warn P that she queen develop a condition known as kind-hearted ophthalmia in her eyes as a hold up 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) direction as D did not preclud! e a decision 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 dampen and 3rd Parties motorist owe DOC to relatives for nervous get up caused during aftermath of accident Jaensch v Coffey (1984)...If you want to get a full essay, order it on our website: OrderEssay.net

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