Business Law Lecture Week 4
HI 5018
BUSINESS LAW
Week 4
Application of Negligence to Business
Chapter 9
Applications of Negligence to
Business
Chapter objectives
On completion of this chapter, you should be able to:
identify and discuss the application of
the tort of negligence to the following:
a) occupier’s liability
b)strict liability
c) negligent misstatements
d)employer or vicarious liability
e) breach of statutory duty
f) criminal negligence
HI 5018 BUSINESS LAW T2 2014
3
3
1
Chapter objectives
On completion of this chapter, you should be able to:
explain how a bailment arises
describe the duties of a bailor and a bailee
HI 5018 BUSINESS LAW T2 2014
4
4
Occupier’s Liability
Occupier’s Liability
Occupiers must take reasonable care and owe a common law duty of care to ensure that anyone (even a trespasser) who comes onto those premises is not injured:
Hackshaw v Shaw (1984)
HI 5018 BUSINESS LAW T2 2014
5
5
Occupier’s Liability
Who is an occupier?
An occupier is any person who has occupation or control, whether it is partial or whole, of land or a structure standing on the land:
Consolidated Broken Hill Ltd v Edwards [2005]
HI 5018 BUSINESS LAW T2 2014
6
6
2
Occupier’s Liability
This tort is now part of negligence:
Australian Safeway Stores Pty Ltd v
Zaluzna (1986)
Occupiers owe a duty of care to
entrants; that is, to take reasonable care to ensure they do not suffer injury on the premises.
Where the risk is obvious, the duty
will be minimal.
HI 5018 BUSINESS LAW T2 2014
7
7
Occupier’s Liability
To establish occupier’s liability, a plaintiff must prove:
The defendant has occupation or
control of the land or structure; and
The defendant was negligent,— that
is, there was a duty of care owed that was breached and damage was sustained by the plaintiff.
HI 5018 BUSINESS LAW T2 2014
8
8
Occupier’s Liability
The test for determining what the occupier must do to discharge their duty of care:
is the risk real and
what would a
BUSINESS LAW
Week 4
Application of Negligence to Business
Chapter 9
Applications of Negligence to
Business
Chapter objectives
On completion of this chapter, you should be able to:
identify and discuss the application of
the tort of negligence to the following:
a) occupier’s liability
b)strict liability
c) negligent misstatements
d)employer or vicarious liability
e) breach of statutory duty
f) criminal negligence
HI 5018 BUSINESS LAW T2 2014
3
3
1
Chapter objectives
On completion of this chapter, you should be able to:
explain how a bailment arises
describe the duties of a bailor and a bailee
HI 5018 BUSINESS LAW T2 2014
4
4
Occupier’s Liability
Occupier’s Liability
Occupiers must take reasonable care and owe a common law duty of care to ensure that anyone (even a trespasser) who comes onto those premises is not injured:
Hackshaw v Shaw (1984)
HI 5018 BUSINESS LAW T2 2014
5
5
Occupier’s Liability
Who is an occupier?
An occupier is any person who has occupation or control, whether it is partial or whole, of land or a structure standing on the land:
Consolidated Broken Hill Ltd v Edwards [2005]
HI 5018 BUSINESS LAW T2 2014
6
6
2
Occupier’s Liability
This tort is now part of negligence:
Australian Safeway Stores Pty Ltd v
Zaluzna (1986)
Occupiers owe a duty of care to
entrants; that is, to take reasonable care to ensure they do not suffer injury on the premises.
Where the risk is obvious, the duty
will be minimal.
HI 5018 BUSINESS LAW T2 2014
7
7
Occupier’s Liability
To establish occupier’s liability, a plaintiff must prove:
The defendant has occupation or
control of the land or structure; and
The defendant was negligent,— that
is, there was a duty of care owed that was breached and damage was sustained by the plaintiff.
HI 5018 BUSINESS LAW T2 2014
8
8
Occupier’s Liability
The test for determining what the occupier must do to discharge their duty of care:
is the risk real and
what would a