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Claw

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Submitted By sharoncheung
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DUTY OF CARE Established Categories
1. Manufacturers/Consumers*
Donoghue v Stevenson [1932] AC 562.

Grant v AKM [1936] AC 85 nb Leading Australian decision; line of manufacturer cases since. ~ Dr gets dermatitis after wearing soiled long johns (underwear). ~ Sues both retailer (under SOGA legislation) and Manufacturer in negligence. ~ D (manuf) un able to distinguish Donoghue
2. Suppliers of dangerous goods
Eg: McCabe v BAT Aust (2002) and BAT Aust v Cowell (2002) (VSC) (Cigarettes) (Firearms) (Pharmaceuticals)
3. Motorist/ Road users
4. Employer/Employee* * Paris v Stepney Borough Council (1950) BC [1951].

5. Prison Authority / Prisoner
6. School / Pupil
7. Hospital / Patient eg. Medical negligence death
8. Doctor / Patient Rogers v Whitaker (1992) 175 CLR 479
9. Occupier of land/ Entrants* 1). Australian Safeway Stores v Zaluzna (1987) 162 CLR 479 (Supermarkets). 2). Hackshaw v Shaw (1984) 155 CLR 614 (“Farmer Joe” trespass case). 3). Nagle v Rottnest Island Authority (1993) 177 CLR 423. (Public Authorities)
10. Nervous shock and 3rd parties
Motorists owe DOC to relatives for nervous shock caused during aftermath of accident.
Jaensch v Coffey (1984) 155 CLR 549.

CIVIL LIABILITY ACT 2002 - SECT 5B 5B General principles (1) A person is not negligent in failing to take precautions against a risk of harm unless: (a) the risk was foreseeable (that is, it is a risk of which the person knew or ought to have known) [this incorporates the common law], and (b) the risk was not insignificant [this has made it slightly harder to satisfy foreseeability], and (c) in the circumstances, a reasonable person in the person’s position would have taken those precautions. (2) In determining whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (amongst other relevant things): (a) the probability that the harm would occur if care were not taken, (b) the likely seriousness of the harm, (c) the burden of taking precautions to avoid the risk of harm, (d) the social utility of the activity that creates the risk of harm.

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