Common Law Case Study
Case 1: Burch v Shire of yarra ranges & Anor
1. Details of the case
Plaintiff Fiona Burch( W/o late Michael)
Defendats Shire of south yarra Quality roads PVT LTD
Incident Transport Accident
Incident commenced 13/11/1998
Date hearing 04/11/ 2004
2. Explanation of the incident
Mr Michael Burch expired while his four wheeler vehicle clean off in YR ( yarra ranges) shire on 13th November, 1998.
Fiona Burch with her two kids (plaintiff) claims a case against shire of YR, and a company of quality roads pvt ltd as they are responsible death of the Michael on basis of defendants caused the break of his duty and responsibility.
Explanation of deadly accident, Mr. Burch the plaintiff’s husband on 13th November 1998, he was on that way to cross the floodway as it was regular banking day for him. But Mr Burch died while he tried to cross the floodway in his car which slide off while he attempt trying to cross the culvert.
3. Applying Four common law criteria in this case study assessment was done as per the following:
The death act/incident of Mr. Michael Burch was due to floodway which lies at bisect point of black springs road is a foreseen activity, responsibility of Shire of YR & also the contractor Quality Roads PVT LTD. Since the first mean responsibility of shire is to take upon burden of building, rehabilitation, and maintenance works. The works of pavements,