RMIT law 2447

2387 WordsOct 10, 201310 Pages
COMMON LAW: NEGLIGENCE: if I do not act as carefully as society requires a reasonable person to act, and as a result of my carelessness someone else is injured, I may be negligent. I.DUTY OF CARE: PHYSICAL INJURIES: Lord Atkin’s “Neighbour Test”: In our first case, Donoghue v. Stevenson, Lord Atkins said that we owe a duty to our “neighbors.” Reasonable Foreseeability: Before I did the really careless thing that I did (the negligent act or omission), what type or types of people could a reasonably person have reasonably foreseen might be injured by my carelessness? The type or types of people that you should reasonably foresee might be injured by your carelessness are your “neighbors,” and you owe them a duty of care. Recognize a…show more content…
Stramare – truck parking middle of the road. IV. remoteness: the plaintiff must also prove that his D/I/L was reasonably foreseeable and not too remote. V.DEFENSES: CONTRIBUTORY NEGLIGENCE - if the plaintiff was also negligent, and the plaintiff’s own negligence contributed the plaintiff’s damage, injury, or loss, then the defendant may argue the defense of contributory negligence. VICARIOUS LIABILITY: employer is responsible for the negligence of employees due to the legal relationship between them. Factors to consider: At the time the employee’s negligence occurred, was the employee: 1. “on the clock” – doing his job and during work hours? 2. at his place of work (or out on an official task) 3. in the process of doing his job (uniform, driving a company vehicle). CONTRACT: Contract Formation: contracts for the sale or lease of real estate must be written. 1/ INTENTION TO BE BOUND: Evidence of the parties’ intention to become bound in a contract. You only need to discuss Intention to Be Bound if either (a) >= 2 parties are family members; or (b) an agreement not clear either a social/family agreement or a business/commercial agreement – in which case you need to explain. The court will consider things like the subject matter, the circumstances surrounding the making of the agreement, the words the parties used, the effect of the agreement on the parties, and whether

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