Saturday, April 6, 2019
Commercial Law Flow Charts and Notes Essay Example for Free
commercial message Law Flow Charts and Notes EssayYou must take reasonable cargon to avoid acts or omissions which you eject reasonably foresee would be likely to injure your neighbor- Who, then, in law, is my neighbour? The answer seems to be someones who are so closely and directly affected by my 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 that are called in question Donoghue v Stevenson Neighbour Principle You must take reasonable bid to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour- Who, then, in law, is my neighbour?The answer seems to be persons who are so closely and directly affected by my 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 that are called in question Donoghue v Stevenson Reasonable Person seek individual action or failure to act as a reasonably prudent person would under similar circumstances, resulting in accidental injury to another Blyth v Birmingham Waterworks Co (1856) Papatonakis v Australian Telecommunications Commission (1985)That it is appropriate for the negligent persons liability to extend to the harm so caused This was tell in Section 5D of the Civil Liability Act 2002 (NSW) and is consistent with the case of Adeels Palace Pty Ltd v Moubarak different Tests for a causal link to exist these elements must be satisfied iii. Negligence was a unavoidable condition for the occurrence of the harm iv. That it is appropriate for the negligent persons liability to extend to the harm so caused This was stated in Section 5D of the Civil Liability Act 2002 (NSW) and is consistent with the case of Adeels Palace.
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