Reference no: EM133211886

What are the elements required to establish negligence?

How is a duty of care established?

How is breach of the duty of care determined?

What are the tests for causation and remoteness of damage ?

What defences may a defendant plead?

1. Sinh is a student at RMIT University. The female toilets at RMIT University have recently been cleaned and when Sinh uses the toilets she slips on a very wet floor in the wash room and breaks her leg. As a result of the accident she has incurred significant medical expenses and is out of her part time work for four months.

(a) What legal action could Sinh take against RMIT University or the cleaners of the toilets and how likely will she be to succeed?

(b) Is the situation different if Sinh suffered her injury after breaking into RMIT University when the University is closed with the intention of stealing a Commercial Law examination?

2. Cam was attending a rock concert in the park. He had not purchased a ticket but had climbed over a two metre fence to join the spectators who had purchased tickets. Strong wind and heavy rain forced the spectators to take cover from a storm under a temporary tarpaulin set up by the organisers to protect the musicians and their equipment. During the storm the tarpaulin became heavy with water and collapsed onto the musicians, their equipment and spectators who had taken shelter under it. Cam's back was seriously injured. As a result of the accident he required emergency surgery. Cameron was unable to complete his university studies that year. Another spectator standing nearby, Alec, saw Cam have his back crushed and consequently suffered psychological distress. Advise both:

(a) Cam; and

(b) Alec

as to their common law rights respectively (if any) for compensation.

3. You are at your office Christmas party. Whilst speaking to your boss you start to choke on the rice ball hors-d'oeuvre you are eating. You look down and realise you have been eating half a mouse which is inside the 'rice ball'. You immediately feel sick and contract severe food poisoning. You are rushed to hospital and whilst recovering in hospital you fall down the hospital stairs on your way to visit the hospital garden. Consequently you break your arm in the fall and have to stay in hospital for an extra one month incurring further medical expenses. Evaluate whether you would be likely to receive compensation in a negligence claim against the caterers at the Christmas party for both:

(a) the food poisoning; and

(b) your broken arm.

4. You are an accountant in practice. It is 17 June 2021. You are busy doing outstanding tax returns for your clients. A client telephones you to ask "what is the maximum deductible contribution he can make to superannuation for the year ended 30 June 2019?" You tell him $35,000. However you are incorrect and the amount is $25,000 because of his age. As a result of your error the client needs to pay additional tax of $2,500.

Are you, the accountant, negligent for your advice?

5. Kate decided to invest in rural property. While investigating the suitability of the land for the purpose of establishing a boutique vineyard, she approached the Council for advice as to the possible establishment of a vineyard. She was advised that the property was "zone two and suitable for agricultural use". The Council told her that there were no restrictions that would impact the land. In fact, there was a restriction warning that the land was subject to a State Government order that zone two land was to be used for residential purposes only. Kate bought the land and employed viticulturalists to establish a vineyard. She then received a notice from the State Government requiring that her land be only used for residential purposes.

Advise Kate

6. Ben, a well-known radio investment advisor was cornered by Jen, his neighbour, whilst putting out his rubbish bins early one morning. Jen, in her dressing gown, asked Ben if he considered the company Puff Pty Ltd to be a company with bright prospects. Ben replied "yes" and promptly left Jen to return to inside his house. The next day Jen bought $10,000 worth of shares in Puff Pty Ltd. A week later Puff Pty Ltd went into liquidation and Jen learned that she would be highly unlikely to recover her $10,000.

Jen seeks your advice as to whether she has a cause of action against Ben. Advise her accordingly, giving reasons for your advice.

Would it have made any difference to your advice had Jen telephoned Ben for his investment advice whilst he was on the radio?