Duty of Care - scope of duty (1 Viewer)

[Navjeet]

When preparing a memorandum of advice, how do you explain the scope of duty? Do you just say that "what is required is 'conduct that would be reasonably be expected of a careful person in the defendant's circumstances' (Cook v Cook)"?

Also, would you classify the relationship between a member of the public and a public authority to be an ordinary relationship, or would you say it was a relationship under special circumstances?

 

[Minai]

The duty of care observed in all cases is infinitely variable

here's another extract from Cook v Cook (1986) 162 CLR 376
".. in determining whether a defendant's course of conduct involves any breach of duty which he owes to others, there should be considered the risks inherant to that conduct, the seriousness of the consequences should any of those risks eventuate and the opportunities reasonably available to the defendant of reducing or wholly eliminating those risks"

 

[Navjeet]

Thanks for your help guys...much appreciated!

 

[Lazarus]

With regard to breach of duty and the scope of the duty of care, the following might be useful:
<a href="/james/Flowchart%20-%20Breach.pdf">Flowchart - Breach.pdf</a>

It was just a concise summary I used for our exam.

Minai's excerpt refers more to the calculus of negligence than to the scope of the duty of care.

Originally posted by Navjeet
Also, would you classify the relationship between a member of the public and a public authority to be an ordinary relationship, or would you say it was a relationship under special circumstances?

It depends entirely on the facts - not all such relationships are 'special relationships'.

 

[Navjeet]

You have no idea how much like a god you are to me at the moment Laz.....Thank you thank you thank you!!!

 

[Minai]

Originally posted by Lazarus
With regard to breach of duty and the scope of the duty of care, the following might be useful:
<a href="/james/Flowchart%20-%20Breach.pdf">Flowchart - Breach.pdf</a>

Excellent!
That's very helpful for my LEGT1711 (Business law) assignment

 

[santaslayer]

wow...that is concise and easy to understand!

we have notes for HSC students for their HSC, so when are we gonna have submission of notes for UNI students?......

 

[Lazarus]

Originally posted by Minai
Excellent!
That's very helpful for my LEGT1711 (Business law) assignment

Really? I had no idea you were doing law electives. I should have guessed.

Originally posted by santaslayer
we have notes for HSC students for their HSC, so when are we gonna have submission of notes for UNI students?......

Plans are in motion...

I guess I may as well throw up my other negligence flowcharts, on the off-chance that they might be useful. Just remember that the law is always changing, and I'm not infallible, and so on and so forth.

<a href="/james/Flowchart%20-%20Causation.pdf">Flowchart - Causation.pdf</a>
<a href="/james/Flowchart%20-%20Defences.pdf">Flowchart - Defences.pdf</a>
<a href="/james/Flowchart%20-%20Damages.pdf">Flowchart - Damages.pdf</a>
<a href="/james/Torts%20-%20Midsession Assignment.pdf">Torts - Midsession Assignment.pdf</a>

The assignment was only required to deal with duties of care owed by statutory authorities.

 

[Minai]

Originally posted by Lazarus
Really? I had no idea you were doing law electives. I should have guessed.

Yes, hehe
I actually have to do four Business Law subjects to satisfy requirements for professional accounting accreditation. The subject I'm doing now is mainly an introduction to law, and focuses mainly on Torts - especially negligence (as its applicable in the business world)

 

[santaslayer]

Originally posted by Lazarus
Plans are in motion...

Just remember that the law is always changing, and I'm not infallible, and so on and so forth.

ayyeeeee...what a champ!

eh.....you are infallible.....!!!

 

[Lazarus]

Originally posted by Minai
Yes, hehe
I actually have to do four Business Law subjects to satisfy requirements for professional accounting accreditation. The subject I'm doing now is mainly an introduction to law, and focuses mainly on Torts - especially negligence (as its applicable in the business world)

Mmm, intriguing! Nice to see some well-roundedness in that Commerce degree.

I think I've given most of my resources to Brent... let me (or him) know if anything 'unexpected' comes up.

 

[Minai]

Originally posted by Lazarus
Mmm, intriguing! Nice to see some well-roundedness in that Commerce degree.

I think I've given most of my resources to Brent... let me (or him) know if anything 'unexpected' comes up.

Yes, we're not all "drones"

Appreciate it

 

[truly-in-bliss]

i just found this thread... cuz minai told me abt it.... and thankz heapz laz for the notes..

 

[truly-in-bliss]

i just found this thread agian.. and thankz laz again for the notes..

 

[filodre]

Awesome forums... Hi I'm a beginning commercial law student at RMIT ... It's a compulsory subject for my degree... I'm finding it really tought at the moment. Lazarus, i was wondering if you could please upload your tort of negligence flowcharts? For some reason it comes up as:
<a href="/james/Flowchart%20-%20Causation.pdf">Flowchart - Causation.pdf</a>

thanks again

 

[BoyNextDoor]

Yeah, I would also like to see those files re-uploaded for my assessment too.

 

[Lazarus]

Wow, what a blast from the past.

I've attached the flowcharts from the previous posts.

They were created back in 2003, so they are likely to need updating!

In hindsight they look a bit simplistic but maybe that's what you need in a torts exam, I can't really remember.

 

[BoyNextDoor]

^
Thanks for that Lazarus!

Hopefully it'll be good for my assignment.