Full Torts Negligence Notes - LAWS1203

Description

Complete highly detailed compiled lecture, readings and case notes for Negligence section (8 weeks) of Torts LAWS1203 ANU course. Also features highly effective and useful overall formula for structuring negligence responses that proved vital in exams. CONTENT COVERED: Duty of Care - Established category – - New simple cases - New complex cases – - Pure mental harm cases – Breach - Plaintiff must particularise claim – - Standard of care – - Test – Civil Liability Act (2002) – - ‘Proof’ – Causation - Factual causation s. 5D (1) a. – ‘but for’ / necessary condition test – - Legal causation s. 5D (1) b. – scope of liability – remoteness Defences - Contributory Negligence (common law) – - Voluntary Assumption of Risk, or Consent – - Vicarious liability – As well as all starred (compulsory) readings/cases.