Guaranteed the BEST and ONLY set of EXTREMELY ORGANISED NOTES that you will need for the final exam!! These notes extensively COVER ALL TOPICS THAT CAN BE ASSESSED. These notes include: - readily available TEMPLATES for each topic that can be assessed in the exam which makes it easy to FINISH THE EXAM in the time period - the templates also include FORMATTING of how to STRUCTURE ANSWERS with all the KEY CASES being cited - TABLE OF CONTENTS for easy access to each topic during the exam - extensive CASE SUMMARIES of all the key cases at the end of each topic plus more which will distinguish you from others I promise these notes will NOT disappoint and are DEFINITELY worth the price. Topics covered include: 1. POSSIBLE CLAIMS AVALIABLE TO P 2. INTENTIONAL TORTS • TRESPASS TO PERSON o BATTERY o ASSAULT o FALSE IMPRISONMENT • TRESPASS TO LAND o Problem Question: Trespass to land • DEFENCES TO INTENTIONAL TORTS o SELF-DEFENCE o NECESSITY o CONSENT o INSANITY o MENTAL HARM CAUSED INDIRECTLY BY INTENTIONAL INFLICTION OF HARM (WILKINSON V DOWNTON) 3. NEGLIGENCE • 1. DUTY OF CARE o Established Categories o Special Duty of Care Categories o Novel Duty Categories • 2. BREACH OF DOC o Skilled Practitioners o For Statutory Authorities • 3. PROOF & CAUSATION • 4. REMOTENESS / SCOPE OF LIABILITY 4. DEFENCES TO NEGLIGENCE CLAIMS • Problem Q Structure • 1. Contributory Negligence (partial/complete) • 2. Intoxication • 3. Voluntary assumption of risk (volenti) (complete defence) o Obvious Risk (complete defence: no duty to warn) – s 5H • 4. Inherent Risk • 5. Dangerous recreational & Sporting Activities • 6. Good Samaritans • 7. Volunteer • 8. Illegality (complete defence) • 9. Skilled practitioners • 10. Less common defences in negligence 5. CATEGORIES OF DUTY • MENTAL HARM • PURE ECONOMIC LOSS: NEGLIGENT MISSTATEMENT • PURE ECONOMIC LOSS: NEGLIGENT ACT • STATUATORY AUTHORITIES o Liability of Public Authority o Problem Question o Problem Question: Liability of Public Authority o Problem Question: o Road Authority- Highway Rule o Omissions • VICARIOUS LIABILITY  Employee/Employers  Principles and Agents  Partners • NON-DELEGABLE DUTIES • DAMAGES FOR CONCURRENT & PROPORTIONATE LIABILITY • DEATH CLAIMS • PRIVATE NUISANCE • PUBLIC NUISANCE • Scaffold - Negligence Question Elements • SAMPLE ANSWER STRUCTURE • Response template Enjoy and good luck!! :)))


Spring session, 2022

109 pages

69,899 words



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