Download Essential Tort Law, 2nd Edition (Essential) by Anita Stuhmcke, David Barker PDF

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By Anita Stuhmcke, David Barker

The aim of this e-book is to supply a transparent and concise consultant to the main parts of crucial Tort legislation. The books within the crucial sequence are meant as a valuable revision reduction for the legislation pupil, essentially at undergraduate point, yet they are going to be valuable to any scholars learning legislations as a part of their direction.

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Extra info for Essential Tort Law, 2nd Edition (Essential)

Sample text

For several weeks, she did not know if he would survive. As a result of this, she suffered a psychiatric condition which, in turn, caused gynaecological problems resulting in a hysterectomy. Mr Jaensch was held to owe a duty of care to Mrs Coffey. This was because Mrs Coffey was considered by the court to be caught up in the immediate aftermath of the accident and was therefore in physical proximity with the conduct of Mr Jaensch. Deane J stated: [Proximity] involves a notion of nearness or closeness and embraces physical proximity (in the sense of space and time) between the person or property of the plaintiff and the person or property of the defendant, circumstantial proximity such as an overriding relationship of employer or employee or of a professional man and his client and causal proximity in the sense of closeness or directness of the relationship between the particular act or cause of action and the injury sustained.

For example, the relationship between an employer and employee or a professional person towards their clients; • causal proximity refers to the link between the act or omission and the harm which follows from it. The scope of this has not yet been determined. The death of proximity? For many years, the majority of the High Court supported the above views of Deane J on proximity. However, that version of proximity has increasingly become the subject of re-conceptualisation. This re-conceptualisation of the traditional application of proximity is most clearly seen in the recent revaluation by the High Court in the two economic loss cases of Hill v Van Erp (1998) and Perre v Apand (1999).

The plaintiffs had not asked the council at the time of purchase for a building certificate. Such a certificate would have confirmed whether the house complied with all building requirements. The majority judges agreed that a duty of care arose for a nonfeasance if a statutory authority acts in a way that the plaintiff had come to rely on to exercise its statutory powers. However, in Sutherland Shire Council v Heyman (1985), the court held that no duty of care was owed, as there was no relationship of dependence between the plaintiff and the defendant council which gave rise to reliance.

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