Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
Advise Sharon in her action in negligence.
Member rating: No Rating | Words: | Submitted: Mon Sep 27 2004
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
Introduction to the problem Sharon was walking on the beach at dusk, and has stepped on a used syringe and contracted hepatitis. Sharon blames the local council for not keeping the beach clear of syringes, as the council was aware of intravenous drug use in the area. Sharon seeks advice as to the council's liability under the common law and further advice will also be given if the incident occurred in NSW and the Civil Liability Act 2002 (NSW) applied. Part A For Sharon's action in negligence to succeed, she must prove that: 1) The council owed her a duty of care and breached that duty. 2) By reason of the breach she suffered injury. 3) A reasonable person in the position of the council would have foreseen the injury Sharon suffered, even if the precise manner of its occurrence is not necessarily foreseeable: Hughes v Lord Advocate (1963) UK. 4)...
To see the full version of this document, and 145,348 others
