Common law cases
Chapter 2
Donoghue v Stevenson
p.45
Donoghue found a snail in the ginger beer and got shocked. She sued Stevenson, the manufacture.
Manufacturer owed a duty of care to customers.
Neighbour test.Grant v Australian Knitting Mills
p.48
Dr Grant suffered dermatitis because of the sulphites on the surface of the underwear manufactured by AKM.
AKM owed a duty of care in the production of the underwear not to cause injury to Grant.
McPhersons v Eaton
p.49
Eaton died from the exposure to asbestos contained in the millboard purchased from Mcphersons.
A vendor does not automatically owe a duty of care to purchasers, but it depends on the circumstances.
Stennett v Hancock and Peters
p.50
A repairer was liable to a pedestrian who was injured when a wheel came off a vehicle repaired by the defendant.
Australian Safeway Stores v Zaluznap.50
Zaluzna slipped and got injured on a rainy day in the supermarket owned by Safeway due to the wet and slippery floor.
The store owed a duty of care.
Modbury Triangle Shopping Centre v Anzilp.52
Criminals entered the shopping centre and assaulted Anzil.
A shopping centre had no duty to control persons from inflicting harm upon others, particularly where the harm arises from a criminal act. Modbury was not liable in damages to Anzil.
Club Italia v Richie
p.52
A brawl happened in the club and one of the police officers, Richie got injured. The owner of the club knew that the people may get violent, they should have stopped them.
There was a duty of care owed.
Jaensch v Coffey
p.54
Mr Coffey was injured in a road accident caused by Jaensch. Mrs Coffey sued Jaensch for negligence because she suffered psychiatric trauma.
A duty of care may be owed although the plaintiff did not actually witness the accident.
Tame v New South Wales
p.54
A police officer made a mistake and read Mrs Tame’s alcohol test very high. Tame concerned her reputation and developed a psychotic depressive state.
The officer and the state of
Donoghue v Stevenson
p.45
Donoghue found a snail in the ginger beer and got shocked. She sued Stevenson, the manufacture.
Manufacturer owed a duty of care to customers.
Neighbour test.Grant v Australian Knitting Mills
p.48
Dr Grant suffered dermatitis because of the sulphites on the surface of the underwear manufactured by AKM.
AKM owed a duty of care in the production of the underwear not to cause injury to Grant.
McPhersons v Eaton
p.49
Eaton died from the exposure to asbestos contained in the millboard purchased from Mcphersons.
A vendor does not automatically owe a duty of care to purchasers, but it depends on the circumstances.
Stennett v Hancock and Peters
p.50
A repairer was liable to a pedestrian who was injured when a wheel came off a vehicle repaired by the defendant.
Australian Safeway Stores v Zaluznap.50
Zaluzna slipped and got injured on a rainy day in the supermarket owned by Safeway due to the wet and slippery floor.
The store owed a duty of care.
Modbury Triangle Shopping Centre v Anzilp.52
Criminals entered the shopping centre and assaulted Anzil.
A shopping centre had no duty to control persons from inflicting harm upon others, particularly where the harm arises from a criminal act. Modbury was not liable in damages to Anzil.
Club Italia v Richie
p.52
A brawl happened in the club and one of the police officers, Richie got injured. The owner of the club knew that the people may get violent, they should have stopped them.
There was a duty of care owed.
Jaensch v Coffey
p.54
Mr Coffey was injured in a road accident caused by Jaensch. Mrs Coffey sued Jaensch for negligence because she suffered psychiatric trauma.
A duty of care may be owed although the plaintiff did not actually witness the accident.
Tame v New South Wales
p.54
A police officer made a mistake and read Mrs Tame’s alcohol test very high. Tame concerned her reputation and developed a psychotic depressive state.
The officer and the state of