Salient Features Duty Of Care. If however the posited duty is a novel one the proper approach is to undertake a close analysis of the facts bearing on the relationship between the plaintiff and the putative tortfeasor by references to the “salient features” or factors affecting the appropriateness of imputing a legal duty to take reasonable care to avoid harm or injury.
Salient Features 1234 The Approach To Pure Economic Loss Cases Preamble As We Know From Our Studocu from StuDocu
Other salient features from particular duty situations if applicable Particular duty situation mental or psychological harm Particular duty mental harm P may allege this is a particular duty situation (PDS) in which D owes him/her a duty not to cause mental harm since he/she suffers from [the mental condition].
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Salient features analysis Whether a person owes a novel duty of care is to be determined by reference to a number of considerations or salient features These features are derived from President Allsop’s decision in the NSW Court of Appeal case of Caltex Refineries (Qld) v Stavar (2009) 75 NSWLR 649 The Children emphasised a number of these features to.
Duty of care where loss is pure economic loss? Makawe Pty
Extension of duty of care (1) A person who carries out construction work has a duty to exercise reasonable care to avoid economic loss caused by defects— (a) in or related to a building for which the work is done and (b) arising from the construction work (2) The duty of care is owed to each owner of the land in relation to which the.
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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.
Salient Features 1234 The Approach To Pure Economic Loss Cases Preamble As We Know From Our Studocu
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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.
