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Essay

Torts

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Issue:

Miscellaneous

 

Written by:

Jonathan M

 

Date added:

November 19, 2012

 

Level:

University

 

Grade:

A

 

No of pages / words:

5 / 1249

 

Was viewed:

608 times

 

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Essay content:

Refer to Waverly Council v Swain (2002) . The defendant (Sydney City Council) was happy to have these premises used therefore owed the plaintiff a duty of care. By not taking proper safety precautions the defendant has breached their duty of care. As the risk of injury to the plaintiff was foreseeable with a reasonable likelihood of the injury occurring...
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As the risk of injury to the plaintiff was foreseeable with a reasonable likelihood of the injury occurring. The defendants’ omission to take precautions against this foreseeable injury is in breach of their duty of care. See Hackshaw v Shaw , as a reasonable person could have foreseen the possibility of harm and taken steps to avoid it...
displayed 300 characters

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