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Case Study: Peter the Real Estate Developer
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Issue 1: Peter wishes for suing the Wollongong council in negligence for his economic loss of 1 million due to the road widening proposal. To sue for negligence, the first thing is needed to prove is... that if the Wollongong council owe peter the duty of care or not. Rule 1: Torts of negligence is the law which protects the people from the harm or damage conducts by others by the predictable consequence of their actions. Negligence occurs in many different social contexts, including on the roads, in the workplace, or through negligent medical care or professional services. The common law tort of defamation has long protected personal reputation from untruthful attacks. (Australian Government, n.d., Immunity from Civil Liability) In order to right to redress in a negligence action the claimant should prove on the balance of probabilities that they have been the victim of a tort which includes the defendant owed them a duty of care. It is the first step to check the balance of civil action. Again, to prove duty of care the ‘Neighbour Test’ is required. Neighbour are the people who are directly or indirectly related by the action of ours. If there is reasonably foreseeable that our conducts could injure our Neighbour to whom we have a vulnerable relationship and if there are any policy consideration that should prevent us being held liable to the Neighbour than only we owe the duty of care to our Neighbour. (CLWM4000, 2018) [Show More]
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