Torts Law Exam Notes

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  • UniversityDeakin University
  • AreaLaw
  • CourseLaw of Torts
1 Purchases
78% Grade
  • Authorliv611
  • Created2013
  • Pages133
  • Approved16 September 2014

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Daniel Markos Bond University

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Nick Cundy University of Adelaide

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About these notes

1. Damages
o Compensatory
• Economic (pecuniary)
• Non-economic (non-pecuniary)
o Aggravated
o Exemplary/punitive

5. Duty of Care
o Reasonably foreseeable?
o Established relationship
o Salient features

6. Breach of Duty
o Section 48(1) Wrongs Act
• Was the risk foreseeable?
• Was the risk not insignificant?
• Would a reasonable person have taken precautions?
o ‘Calculus of negligence’ (section 48(2) Wrongs Act)
• Probability of the harm occurring
• Likely seriousness of the harm
• Burden of taking precautions
• Social utility
o Section 49 Wrongs Act

7. Causation
o Section 51 Wrongs Act
• Factual causation: ‘but for’
• Legal causation: scope of liability

8. Remoteness
o Was the injury reasonably foreseeable?
o Or too far-fetched and fanciful?

9. Omissions
o Public authorities
Psychiatric harm
o ‘Pure’ or ‘consequential’

10. Defences
o Contributory negligence (section 62 Wrongs Act)
o Voluntary assumption of risk (section 54 Wrongs Act)
o Obvious risk → Topic 6 (section 53 Wrongs Act)
o Limitation periods

11. Private nuisance

12. Breach of Statutory duty

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