Tort Notes - Google Docs
Tort Notes - Google Docs
Question process:
Preliminary:
Potential defences
Has the plaintiff failed to reach the appropriate standard of care?
- This is an objective test but is adjustable based on age and disability
- Is this a case of momentary inattention?
● Ruprecht (Workplace) v Coles (Non workplace)
- Was this an instance of the agony of the moment? (Caterson v Commissioner)
ow much has the plaintiff contributed to their own injury?Jones v Livox Quarries
H
Assess P’s contribution to their own injury.
aise Volenti non fit injuria (If you assume risk you can’t sue)
R
Raise Illegality defence.
Remedies:
- First, determine what type of remedy
● Compensatory
● Exemplary/special (Likely to be awarded in case of intentional conduct.
- Determine whether it was an economic or non-economic loss, or both