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CLWM 4000 SAmple docx
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The above clearly concludes that duty of care is owed by actual defendant for the plaintiff which means Dandenong Council will owe the duty of care to the Jack Smith because somewhere council failed... in exercising the reasonable care. Issue 2 The other issue identified was that Jack Smith must prove that her losses were caused by the negligence act for which Dandenong Council must sue successfully. Rule 2 The test was conducted for establishing the causation, it is defined as “but for” as observed in the case of Overseas Tankship (UK) Ltd v The Miller and Steamship Co. Pty. Ltd. This testing works like this: ‘if the negligent situation has not happened then the plaintiff would have not suffered any kind of such losses?’ (Cane and Atiyah, 2013) For the losses, the negligence Act can be considered as a major aspect which must be reasonably foreseeable because the negligence of the main fact affects might or would destroy the success and result into failure of the project (Cane and Atiyah, 2013). Application 2 If Dandenong Council has clearly mentioned in the certificate reg [Show More]
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