TORTS HIGH DISTINCTION FINALS TEMPLATES 2019

Description

EVERYTHING you need for your finals! Contains CONDENSED in-depth templates on ALL assessable topics. Each template is COLOUR-CODED and supported with multiple legal authorities. All you need to do is simply apply each case's distinct facts and circumstances in the spaces that I have indicated. Super helpful under time-pressured conditions! Achieved HD in the finals using these notes! Topics included: BREACH: - Standard of Care - ss 5B(1)(a) and (b): Foreseeability of risk of injury; Not insignificant - Calculus of Negligence: Probability, Likely Seriousness of Harm, Burden of Precautions, Social Utility of Activity Creating Harm CAUSATION: - But For Test - Exceptional case SCOPE AND REMOTENESS: - Reasonable Foreseeability - Novus Actus: Voluntary Human Act, 3rd Party Act, Causally Independent Act, 'inexclusably bad' medical treatment - Other Injuries DEFENCES: - Statutory Defence - Voluntary Assumption of Risk - Contributory Negligence VICARIOUS LIABILITY: - Tortious conduct - Requisite relationship - Course of Employment - Cases involving criminal conduct NON-DELEGABLE DUTY: - Control of defendant - Vulnerability of plaintiff - s 5Q BREACH OF STATUTORY DUTY: - Right to sue - Class of persons protected - Kind of harm suffered - Duty imposed on defendant - Statute must be breached - Strict Liability - Breach must cause the injury DAMAGES: - Past loss of earnings - Future loss of earnings - Gratuitous Care - Non-Economic Loss