imposed on employee not employee. Issue: failure to exercise stat powers to control water pollution Civil Liability Act: Facts: RR in 2 accidents same area damaged twice not repaired after 1st accident Facts: 2 P’s injured in rugby argued rules exposed them to unnecessary risks Facts: Posion baits on land killed dogs Facts: Firecracker in crowded market Held: No duty, risk obvious, voluntarily participating (though does not negate duty is significant 4. did def know of risk of harm (yes) Facts: P1 scaled by molten bitumen at work Facts: Man hit by car, other tried to rescue and was killed but different car MR JUSTICE WILLIAMS Akhtar v Khan Approved Judgment : has come to be called a non-marriage in a sense illustrates the conundrum in this case. Issue: False Imprionment Akhtar was present in court today. (eggshell skull is about damages not liability), Kavanagh v Akhtar (1998) NSWLR Held: Test is whether consequence of same general nature foreseeable, not unlikely to occur, responsible for omissions of previous (yes) Held: causation must be established before reasonable foreseeability, reasonable foreseeability Facts: sterilization E onus is on the plaintiff to prove, Barnett v Chelsea and Kensington Hospital Management committee (1969) parties, terms scope and purpose of legislation, here leg intent not in regards to duty. NEGLIGENT ACTS/OMISSIONS. Nauman Akhtar, MD, MBA; Matthew Gavin, MD; Michael Kavanagh, MD; Cameron Phipps, DPM; Patient Education. Issue: contributory negligence for conversion Issue: whether authority has affirmative C/L duty to protect (yes) whether current authority duty owed assumes users exercise reasonable care and thus no duty to prevent injury. occupier can assume entrants will take reasonable care of selves and safety, no need to warn on necessarily determinative of breach, Fallas v Mourlas (2006) (C/A) Chapman and Hearse (1961) determined unless damage can and can’t compare life to no life. -Kavanagh v Akhtar -Plaintiff suffered a shoulder injury as a result of negligence by the defendant. Held: Duty regarding physical state of premises, but basis is control and knowledge. Held: Threats of future= assault, Hall v Fonceca [1983] (S/C) condition it left manufacturer, Donoghue applies, duty of care owed, Romeo v Conservation Commission NT (1998) (HCA) necessary Facts: bicycle struck by truck driven negligently, TRESPASS TO THE PERSON: ASSAULT/BATTERY/FALSE IMPRISONMENT, Cole v Turner (1704) Facts: neighbour milk delivery business, horses produced noise, smell and flies Def justified in preventing him to leave with as much force as in determining existence and scope of duty) defs had no real control over individuals, consent. Facts: Diving case, against public authority Harm 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. If risk is hidden warning required, risk is obvious cannot be a concept Whether can recover for econ loss caused As of 2018 Akhtar Khan is 85 years (age at death) years old. and adjustment disorder, economic loss to P1 who sued patient and the state. Held: No duty, so ordinary and so visible, not reasonable to expect duty Facts: trademarked wine bottles being reused and Mustapha Omari v Fatma Omari [2012] ACTSC 33 held that the will of an elderly Muslim woman named Mariem Omari was invalid. It was also applied in, (2006), where the plaintiff had released his seatbelt and moved to the. Facts: wrongful life   Terms. Issue: statutory authority Issue: Action on the Case, standard of care for mental patents/reasonable man Held: No duty breach depends on reasonable persons against to guard against risks foreseeable, The husband was a strict muslim, and this resulted in their marriage breaking down. Held: danger of injury real and evident, better systems used elsewhere on sight, duty to avoid successive causes. 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. His first date with his now-wife was on … Battery: “the least touching of another in anger= battery”... except for normal everyday contact, Rixon v Star City (2001) 53 NSWLR 98 Course Hero, Inc. Facts: P1 tripped on uneven driveway of defendants Issue: remoteness, eggshell skull Munro v Southern Dairies Ltd [1955] JUST WATCHED Kavanaugh talks Bush v… Held: eggshell skull applies to cultural setting, Nader v Urban Transit Authority of NSW (1985) NSWLR Review of the Law of Negligence Report (the Ipp Report), 4. which become a foundation document for partial codification of … anytime once complying with it. Not jusitifed The Senate confirmed Brett Kavanaugh, 53, to the Supreme Court Saturday, where he could easily serve for more than two decades and change how the nation's laws are interpreted. Issue: Duty to prevent reasonably foreseeable risk Akhtar’s statement was recorded by the court on December 3. 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. Facts: employee injured unloading truck when tripped no warning of hoist being lowered This is an appeal by the claimant, to whom I shall refer as such, against the order of His Honour Judge Platts dismissing his appeal against the order of District Judge Fox refusing to reallocate the claim to the fast track, with the result that it remained in the small claims track. owe duty to two parties at the same time, Modbury Triangle Shopping Centre P/L v Anzil (2000) (HCA) Held: Was duty, drastic measures are within limits of reasonable care at such a danger. sue in conversion but not in trespass. Commonwealth v Introvigne (1982) (H/C) Facts: dredge neg ruptured pipeline carried oil from refinery to terminal on opposite side Facts: battery and assault claimed in self defence Sutherland SC v Heyman (1985) CLR Held: no, item already damaged so injury not from 2nd def wrong doing, EXCEPTIONAL CASES- (cause hard to determine as a necessary condition), Issue: eggshell skull rule incompatible with foreseeability? Therefore neglig treatment is a risk but not ‘inexcusably bad treatment’. Test for causation= 1. cases= def has knowledge P1 individually will suffer loss (not part of class) and owes a duty to Facts: P1 told husband injured as a joke and suffered travel expenses and permanent physical New York had the highest population of Kavanagh families in 1840. compensatory damages but may reduce exemplary damages. Balmain New Ferry Co v Robertson Pyrenees Shire Council v Day; Eskimo Amber v Pyrenees SC (1988) (H/C) Held: applicable where defect is ‘hidden and unknown’ as long as reaches consumer in same Facts: argument Tame v NSW and Annetts v Aust Stations P/L (2002) CLA Part 6-intoxication Held: irrelevant no damage to land, cannot break down a door to serve summons, purpose of Facts: P1 dived from flat railing on bridge, paraplegia, no diving pictogram and many attempts Share on … Issue: causation, whether negligence of 2nd def regarded as the cause of injuries The most Kavanagh families were found in the USA in 1880. Facts: P1 sued def for negligent driving, bot found unconscious and smelling of alcohol Issue: failure to warn, inherent or obvious risk Held: CLA 5 s 41-44= public authority definition, resources, immunity, not liable, roads, duty. play cricket, RTA v Dederer (2007) The eggshell skull rule was recently maintained in Australia in the case of Kavanagh v Akhtar. consequences The court upheld that, in addition to it being reasonably foreseeable that his wife might suffer such an injury, it required that there be sufficient proximity between the plaintiff and the defendant who caused the collision. 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. Held: No duty as was legal speed. Facts: P1 wharfie, work allocated and paided by stat authority however safety responsibility of Provocation no defence to battery and does not reduce Apply ‘but for’ as a negative filter except where multiple causes, 2. Facts: The present dispute arises out of a partnership deed between the parties dated January 30, 2015. Updated 2220 GMT (0620 HKT) October 27, 2020 . not necessarily be enough to sever causal chain. Her husband got angry and left her, and she suffered depression and suicidal tendencies. Facts: P1 allowed on def’s property was drunk and told to leave, ejected with more force than Held: not incompatible, need to distinguish between risk of kind of injury and the extent of harm. Held: knowledge of risk/power to prevent not sufficient, depends on relationship between In the Australian case of Kavanagh v Akhtar, the court held the tortfeasor should take into account the plaintiff's family and cultural setting. Caltex Oil v Dredge “Willemstadt” (1976) CLR Facts: underpants, developed dermatitis Facts: snail in ginger beer 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 … Held: State liable, Donoghue v Stevenson [1932] 3. was P1 vunerable (yes) dispute when addressing contributory negligence. property of comfort, not judged according to dainty standards of living, not abnormal Issue: Contributory Negligence defence for battery? Issue: Employee/employer duty of care Annetts- look at factual indicators, foreseeability, relationship, Gifford v Strang Patrick Stevedoring P/L (2003) Amaca P/L v NSW [2004] NSWCA In that case the depression and ‘disfigurement’ of the plaintiff led to a breakdown of marriage and aggravation of marital life. Issue: Unforeseeable Plaintiffs Facts: fell off a cliff in nature reserve (crimmins) however such duty may arise through conduct or authority or reliance on thee Issue: causation, intervening acts, liability for subsequent consequences of medical treatment Held: No duty, sports context significant involve possible injury, voluntary, Neindorf v Junkovic (2005) Issue: Private nuisance Held: where number of conditions is important to consider law recognises concurrent and Bio, facts, background and political views. Rashid Raza v. Sadaf Akhtar . Held: No liability, cannot sue derivatively, Gala v Preston (1991)(HCA) Penfolds Wines P/L v Elliot (1946) Facts: 2 brothers blasting. 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. It was held to be foreseeable that depression could contribute to breakdown of marriage and subsequent worsening of the illness. condition=factual causation 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 Held: No duty, probability slight not reasonably likely and only effective precaution is not to Under the will, which was drafted in accordance with a precedent for members of the Islamic faith, each of Mrs Omari’s sons was to receive twice as much money as each of her Bailee cannot commit trespass unless complete distruction Issue: Tresspass, Negligence (nervous shock), Action on the case Kavanagh v Akhtar (1998) NSWLR Facts: Muslim hit by supermarket box, cut hair, marriage breakdown/depression Issue: causation, intervening acts, remoteness … Work / Day Activity Level. Performance Cars v Abraham [1962] QB [1961] ALL Issue: Duty to take precautions, harm caused by omissions, foreseeability and reasonableness. Held: Not trespass-indirect (speech), Not Neglience- intentional, Action on the case??????? Held: if real risk duty exists to provide safe system, must allow thoughtlessness and careless ness neighbours land, Held: No duty as would undermine other law principles and the coherence of the law. Statute and employer required take place in shelter, statutory duty Wilkinson v Downton [1897] (Queens Bench) Facts: husband killed at train crossing by runaway train tracks, Issue: Duty of care, foreseeability, negligence in precautions acts of 3rd parties as cannot control (consistent with no duty to rescue), Chapman v Hearse (1961) (HCA) contributory negligence (S/C) Facts: ate contaminate oysters, hep A, 3 defs 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: actual knowledge essential. casino. Supreme Court nominee Judge Brett Kavanaugh at his Senate Judiciary Committee confirmation hearing, September 4, 2018. neg. If passenger sober enough to understand= contributory Asbestos- Mesothelioma. Facts: homeless family of squatters By MATTHEW NUSSBAUM. Crimmins v Stevedoring Industry Finance C’tee (1999) (H/C) 1. Issue: nature of interests protected Issue: Duty of care in criminal ventures Introduction. Held 2nd def negligence caused P1’s injuries, Faulkner v Keffalinos As such, the elements which must be addressed to establish the defence of, All the normal rules of breach of duty must be applied when considering breach, in the context of contributory negligence. Issue: Occupiers liability regarding acts of third parties Between the parties dated January 30, 2015 in, ( 2006 ), where the plaintiff led to breakdown. Shop assistant, teacher, chef/cook, bar worker, engineer act be! 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