Negligence Of A Faulty Solar Hot Water System

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I. Introduction Negligence characterises the conduct of individuals. Under s 43 of the Wrongs Act 1958 (Vic), negligence means failure to exercise reasonable care. In other words, there was ‘some duty owed to the person.’ Duty of care is an important mechanism in the law of negligence that controls the imposition of liability and it looks at the relationship between a plaintiff and a defendant. The conclusion that was held in the case of Stephens v Giovenco; Dick v Giocenvo [2011] NSWCA 53 in regards to who owed whom a duty of care is correct. If it were so otherwise, it would open the floodgates and there would be an influx of claims within the court system. II. Case Outline a. Facts There were two appellant, Mr Stephens, a plumber, and Mr Dick, the owner of the residential property. Stephens was hired to inspect a faulty solar hot-water system. Between the 23rd November 2001 and 11th January 2002 Stephens installed a gas hot-water system on ground level and disconnected the water supply. He advised Dick that he had done so but failed to mention that he did not disconnect the electricity supply, nor advise Dick to contact an electrician to do so. Around August or September 2004, Mr Harley (the deceased), a handy man, identified that there was a risk in fixing the roof’s solar hot-water system because it was possibly still electrified and conveyed this to Dick. On October 2004 he was seen on the roof. Harley mentioned to his partner, Ms Giovenco (respondent)

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