《商业法律》课程教学资源（PPT课件讲稿）商业法律讲义 Managers and the Law

Managers and the Law

Managers and the Law

Torts generally Negligence Trespass Defamation ° Nuisance

• Torts generally • Negligence • Trespass • Defamation • Nuisance

Tort provides remedies in the form of damages as compensation for direct financial consequences eg loss of wages, earning, profits and expenses incurred as a result of the loss or injury non-pecuniary consequences of a tort being inflicted eg pain and suffering, loss of some amenity eg not being able to engage in a pleasurable activity

Tort provides remedies in the form of damages as compensation for : = direct financial consequences eg loss of wages, earning, profits and expenses incurred as a result of the loss or injury; = non-pecuniary consequences of a tort being inflicted eg pain and suffering, loss of some amenity eg not being able to engage in a pleasurable activity

Jaensch v Coffey (1984)155 CLR 549)

Jaensch v Coffey (1984) 155 CLR 549)

a) there must exist an identifiable duty of care between the parties b) the standard of care expected must be able to be identified and c) there must have been resulting and measurable damage

a) there must exist an identifiable duty of care between the parties; b) the standard of care expected must be able to be identified; and c) there must have been resulting and measurable damage

a) the plaintiff was owed a duty of care, b) the required standard of care was breached: and c)the breach caused the damage Which was of a kind that was a foreseeable consequence of the breach

a) the plaintiff was owed a duty of care; b) the required standard of care was breached; and c) the breach caused the damage which was of a kind that was a foreseeable consequence of the breach

Contributory negligence on the part of the plaintiff Law Reform(Miscellaneous Provisions Act 1955(ACDS15 Civil Wrongs Act 2002

Contributory negligence on the part of the plaintiff Law Reform (Miscellaneous Provisions) Act 1955 (ACT) s 15 Civil Wrongs Act 2002

The insurance commissioner V Joyce(1948)77 CLR 39 Volenti non fit injuria

The Insurance Commissioner v Joyce (1948) 77 CLR 39 Volenti non fit injuria

Wyong shire Council v shirt (1980)146CLR40 Paul Maurice Nagle v Rottnest Island Authority F.C. 93/016(1993) Aust Torts Reporter 81-211(1993) 112ALR3931993)67ALJR426 Trade Practices Act section 53(g)

Wyong Shire Council v Shirt (1980) 146 CLR 40 Paul Maurice Nagle v Rottnest Island Authority F.C. 93/016 (1993) Aust Torts Reporter 81-211 (1993) 112 ALR 393 (1993) 67 ALJR 426 Trade Practices Act section 53 (g)

Volenti non fit injuria

Volenti non fit injuria