Salient Features Duty Of Care. “The “salient features” approach developed by the Australian Courts for identifying a duty of care in “novel” negligence situations is preferable to the UK Courts’ “fair just and reasonable” approach because it provides the right balance between establishing the relevant principles and providing flexibility for their application to specific fact situations”.
Multi Roll Tech Rolling Mill Consultant Manufacturer from multirolltech.business.site
He answered that it could if it would not cut across a welldeveloped body of doctrine and if the particular connections between the parties showed that the relationship was so close that the duty of care arose Here the salient features of the relationship were knowledge and control by the defendant and the vulnerability of the plaintiff.
Q salient features Australia LA2020:03 Torts B
A salient features approach was adopted by Allsop P (with whom Simpson J agreed) as applicable to determining whether a novel duty of care exists in Caltex Refineries (Qld) Pty Ltd v Stavar (2009) 75 NSWLR 649 at [102] His Honour set out a list of seventeen salient features They are these (a) the foreseeability of harm.
TORT LAW, POLICY AND THE HIGH COURT OF AUSTRALIA
relevant salient features did not support a finding of a novel duty of care even if a duty of care was found to exist there was no reasonable apprehension that the duty would be breached and it.
Duty of care Wikipedia
In finding a duty of care for pure economic loss the court will identify all the salient features consider them and then synthesise those considerations and their relative importance The NSW Court of Appeal case Makawe Pty Ltd v Randwick City Council (2009) 171 LGERA 165 [2009] NSWCA 412 sheds light on the way in which the courts determine whether a defendant.
Multi Roll Tech Rolling Mill Consultant Manufacturer
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Salient features of the Companies Act 2013 Company Law Directors of a company are obliged to perform certain duties such as duty to act in good faith duty to exercise reasonable care skill diligence and independent Judgment etc.
