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Title: Torts

Essay Details

Subject: Miscellaneous
Author:
Date: June 26, 2015
Level: University
Grade: A
Length: 5 / 1249
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Essay text:

Refer to Waverly Council v Swain (2002) . The defendant (Sydney City Council) was happy to have these premises used therefore owed the plaintiff a duty of care. By not taking proper safety precautions the defendant has breached their duty of care. As the risk of injury to the plaintiff was foreseeable with a reasonable likelihood of the injury occurring...

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As the risk of injury to the plaintiff was foreseeable with a reasonable likelihood of the injury occurring. The defendants’ omission to take precautions against this foreseeable injury is in breach of their duty of care. See Hackshaw v Shaw , as a reasonable person could have foreseen the possibility of harm and taken steps to avoid it...

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