authoritative principle underlying this issue comes from the High Court in Wyong Shire Council v Shirt. It is that where there is a reasonably foreseeable risk of harm to the plaintiff‚ and the defendant does not respond to the risk in a manner that a reasonable person
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The first step to establish negligence is to decide whether the defendant owe a duty of care to the plaintiff. The defendant is obliged to take reasonable care to its neighbor. Neighbors are persons who are so closely and directly affected by ma act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question: Donoghue v Stevenson. Thus‚ the damages occurred must be reasonably foreseeable. In this case
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Introduction This essay is an attempt to advise Changwa on the area of law under which he can bring an action in view of the facts given in the question. The essay will also attempt to advise Changwa with respect to the person against whom such action can be brought. In order to achieve this end‚ the essay will pay particular attention to the salient elements he has to establish in the area of law identified‚ if at all he is to succed in his claim. The essay will conclude by looking at the likely
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damages were suffered as a result of a breach of that duty. For Brooke to make a successful claim against the Yarra Valley City Council she must establish that a duty of care existed. Here the test of reasonable foreseeability must be applied. The question to be asked is whether a reasonable person would foresee that damage might result from the defendant’s action. It could be argued in Brooke’s case that the signs put up by the Council created a reasonably foreseeable risk of injury of some kind
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test‚ i.e. the defendant is expected to meet the standard of a reasonable person. This test is from the case of: Vaughan V Menlove The defendant’s haystack caught fire due to poor ventilation. Defendant had insured it‚ therefore would lose nothing if it caught fire. Defendant argued that he acted honestly and in accordance with his own best judgment of risk. Held: this was not enough‚ because in such a situation‚ a reasonable person would have taken precautions. The objective test can be variable
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duty? According to S 9‚ the person who is appointed to be a director or the person who is appointed to be an alternate director and is acting in that capacity‚ is a director of the company. (S9) As we can see from the case‚ Peter Pansy‚ Fred Fuchsia and Marie Gold are directors of the company‚ and Alison Astor who is appointed to fill a casual vacancy on the Board is also a director; therefore‚ they all owe duties. As the executive directors appointed a skilled person to manage the Australian wide
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Interested persons transactions: SGX Listing Manual Section 156 disclosures: s156(1)&(5) Duty to retain discretions Duty to avoid conflicts of interests Duty to use powers for a proper purpose Duty to act in good faith in the interests of the company Liability for fraudulent trading: s 340(1) General law Duties Loyalty and good faith THE DUTIES Care and diligence Duty to act honestly and to use reasonable diligence: s 157(1) Statutory Duties Duty to act with reasonable care
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deceased and injured children. 2. It is worth explaining at the outset of this judgment about the definition of negligence. Negligence is the omission to do something which a reasonable man‚ guided upon those considerations which ordinarily regulate the conduct of human affairs‚ would do‚ or doing something which a prudent and reasonable man would not do . In order to succeed in claiming negligence‚ the claimants must show “on the balance of probabilities”
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The scenario of this case a very complex matter in terms of the law‚ on the one hand you have the breach of gun/firearms laws and criminal negligence and on the other hand you have involuntary harm to another person. In order to hold the correct person liable‚ we must first examine the core facts and issues of this case which will enable the application of the law to these facts‚ allowing the DPP to be advised in the most suitable and accurate manner. The first and foremost issue to be noted in
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definitions are important in determining in what circumstances the Act will or will not apply. The Act defines “Goods”‚ “Service”‚ “Supplier”‚ “Manufacturer”‚ “trade”‚ and other terms. The key definition in the Act is “Consumer”. This is defined to mean a person who:- (a) Acquires from a supplier goods or services of a kind ordinarily acquired for personal‚ domestic‚ or household use or consumption; and (b) Does not acquire the goods or services‚ or hold himself or herself out as acquiring the goods or
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