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Case Study
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The Tort of Negligence and who Owed the Duty of Care (Case Study Sample)


the task was a case study illustrating the tort of negligence. the writer was required to show whether there was a duty of care and who owed the duty of care


The duty of care was established in the old English case of Donoghue v Stevenson. A duty of care is owed to a person by another if the latter have a responsibility over that person and therefore the need to mind about them. failure to do so, amounts to a breach of the duty.[ [1932] AC 562).] [Cassidy, J. (2000). Standards of conduct and standards of review: Divergence of the duty of care in the United States and Australia. Australian Business Law Review, 28(3), 180-180.]
Joe and Hal in my opinion owed the young adults the duty of care to consistently check up on what they were doing, since they were young and held the party at their place. When Marnie requests whether she can have her party at the house it communicates that her parents are in control of all the activities that take place in the house and are the only people who can allow a party to be in their compound or not. Once they consent to it they know what type of a party their daughter will have and they asses the risks and possibility of safety for both their daughter and the guests to have a barbecue party. In ordinary parlance no parent can allow a child to have a party without being sure that the party will be safe. The civil liability Act also places the burden on a person who, knowing of the danger ahead, goes ahead to ignore the danger, hence breaching the duty of care owed in relation to that danger.[Trindade, F., Cane, P., & Lunney, M. (2007). The law of torts in Australia. Oxford University Press.] [Civil Liability Act, section 10]

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