Lesson 09

• Role of Common Law

  Donoghue v Stevenson 1932

  • Allow plaintiffs to take legal action on grounds that defendant did not protect interests of their ‘neighbour’

  Grant v Australian Knitting Mills 1936

  • Principles adopted in Australia
  • Significantly developed, modified and adopted
• Role of Statute Law

  Part X of Wrongs Act inserted in 2003

  
  

  Australian Consumer Law (ACL) duty on people who provides services to provide them with ‘due care and skill’
• Possible impacts on Plaintiff

  • Loss of life - fatal accident
  • Permanent physical incapacity - use of personal carers
  • Serious, physical injury - treatment such as surgery or physiotherapy
  • Emotional impact of the breach - fear of certain places or engaging in social situations
• Possible impacts on Plaintiff

  • Loss of wages and livelihood - consequence of requiring surgery or treatment
  • Unemployment - consequence of physical injury or mental health
  • Effect on mental health - depression or anxiety, could be a result of being unable to return to work
• Possible impacts on Defendant

  • Loss of business - consequence of publicity
  • Public humiliation - consequence of publicity
  • Physical injury - can occur in cases with contributory negligence or a counterclaim
  • Costs - loses the case, pay legal costs of plaintiff, causing financial hardship
  • Need to sell assets - consequence of a high damages award