Tame Your Fear with Unmatched Assignment Help Services from Professional Writers.
There are two issues in the present case which need to be decided. The first issue is if the Willow Council can be held liable for the injuries suffered by Peter. Peter has broken his leg when he fell off from the cliff from the Watch out Point when he was celebrating the success of their business ventures with Mark and Mary. Therefore the question arises if it can be established that Willow Council is liable under the law of negligence for the injuries suffered by Peter. For this purpose, it needs to be seen if Willow Council had taken all reasonable steps due to which the people may be prevented from falling off from that point. Briefly speaking, the issue is related with the duty of care and if Willow Council owes such a duty towards Peter. There is another issue in the present case that is related with champagne manufacturer’s liability towards Mark. Mark was hit by the cork stopper of the bottle and his nose started to bleed when Mark was opening the bottle. In this case, the bottle had an unusual cap and no warning was present on the bottle to warn the persons opening the bottle.
Rule: in order to decide the liability of Willow Council towards Peter, first of all, it has to be seen if the council owes a duty of care towards Peter and at the same time, it also needs to be established that such duty has been breached by the Council (Greatlakes Shire Council v. Dederer, 2006). In this regard, the law also requires that the injuries suffered by the claimant should be directly caused by the breach of duty and in this way, the injuries can be said to be a reasonable result of the acts of the defendant. Usually in such cases, the parties take recourse to the duty of care for claiming compensation (Wyong Shire Council V. Shirt, 1980). The doctrine related with the duty of care provides that a party can be liable towards the other party in some cases under the law of negligence. The leading case in this regard is that of Donoghue v Stevenson (1932) where Lord Atkins discussed the neighborhood principle. In this regard, Lord Atkins mentioned in this case that a party has to take reasonable care to avoid the acts or omissions that may cause an injury to the neighbor of such party.
The court tries to see in this type of cases if the parties were in a reasonably approximate relationship. At the same time, the court also sees if the loss of the damage suffered by the claimant was caused by the act or omission of the other party and such loss or damage was reasonably foreseeable. Another requirement in this regard is that the risks should be of such a nature that under similar circumstances, such a risk could have been reasonably foreseen by any other reasonable person (Greatlakes Shire Council v. Dederer, 2006). Another requirement for establishing the duty of care is to see if it would be reasonable under the circumstances that a duty of care is imposed by the court on the defendant in a given case.
The concept of duty of care was discussed by the court in Blyth v Birmingham Waterworks Co. (1856) where it was mentioned that the negligence of the defendant needs to be decided with the help of standard of reasonable person. In this way, it cannot be said that the defendant was negligent if the defendant had taken all the reasonable precautions and therefore it can be said that the conduct of the defendant was according to the standard of care of any of the reasonable person. Another significant case in this regard is that of Caparo Industries v Dickman (1990). In this case, the test for deciding the duty of care was provided by the court. According to this test, in order to establish the duty of care of the defendant, it has to be considered if the injury or the loss of the claimant was caused by the conduct of the defendant and such injury or loss was reasonably foreseeable. Another requirement is that there should be sufficiently proximate relationship. This means that under the circumstances of the case, they are considered as neighbors. It is also required in such cases if imposing liability on the defendant would be just and fair (Keenan, 2007).
The legal position is that generally a duty of care is not owned by the defendant if all the reasonable steps have been taken that were required to prevent or reduce the harm that may be suffered by the other party due to such conduct. But if a potentially dangerous situation has been created even without any fault of a person, the duty of care provides that such a person should have taken all reasonable steps in order to make sure that any other person does not suffer a loss or injury. It also needs to be noted and in this regard that a person can be held responsible for breaching the duty of care for only an omission also. Similarly if there is a previous relationship between them, it can be said that the defendant has breached the duty of care. In this regard it also leads to be noted that in some cases, a statute may also impose such a relationship on the parties (Sappideen et al, 2009).
The second issue in this case is related with the liability of the champagne manufacturer as Mark was hit by the cork stopper of the bottle. In its decision in Donoghue v Stevenson, it was stated by the court that the tort of negligence is an individual tort in itself. Civil action can be taken by the plaintiff if the negligence of the defendant has resulted in a loss or injury to the plaintiff. But prior to the decision of the court in Donoghue v Stevenson, it was necessary for the plaintiff to prove that a contractual agreement was present between the parties for establishing negligence. But in this case, the drink was not purchased by the plaintiff and therefore the plaintiff and defendant were not in a contractual relationship. Despite this situation, the manufacturer was held to be liable for negligence. Therefore, it has been firmly established that a duty of care is owned by the manufacturers towards their ultimate consumers.
Application: Mark, Peter and Mary had consumed champagne while celebrating their business venture at Watchout Point. After drinking champagne, Peter walks towards the edge and asked others to do so but Martin may remain in the car. On reaching the edge of the cliff, Peter loses his balance and falls off. Due to the fall, Peter suffers injuries and also breaks his leg. But it needs to be noted in this case that the Willow Council had erected a 2 m high fence so that the visitors to the Watchout Point can be prevented from going near the edge. Although warning signs have not been installed by the Council at that point but declared was clearly visible to the visitors. The pledge was in fact a part of the enchanting scenery due to which a number of visitors were attracted to that place.
Therefore the question arises if it is possible for Willow Council to install warning signs at all the places where there could be a danger of falling off. At the same time, as a result of the limited resources of the Council, it needs to be seen what can be reasonably done by the Council to prevent people from falling off that place and had the Council taken all those steps in this case.
There is also the issue of champagne manufacturer's liability for the injury suffered by Mark by the cork stopper of the bottle. The legal position in this regard is that it is the duty of the manufacturers to warn the consumers and such duty should be reasonably discharged by them. In the present case, it was the duty of the champagne manufacturer to inform the ultimate consumers that the bottle has peculiar cap and therefore a person may be injured if it is not handled properly. But in the present case, the manufacturer of premium French champagne has not mentioned any warning on the bottle of champagne. Therefore, while opening the bottle, the cork stopper hit Mark and he had a bloody nose.
On the basis of the above mentioned law and its application to the facts of the present case, it can be said that the duty of care has been discharged by Willow Council towards Peter. Therefore, it cannot be said that the council is liable for the injuries suffered by Peter. The reason behind this conclusion is that the Council has taken all reasonable precautions in this case to prevent the people from falling off the cliff. On the other hand, the second issue in this case that deals with the champagne manufacturer's liability, it can be stated that the manufacturer of premium when champagne can be held liable for the breach of duty of care as the ultimate consumers of the champagne were not warned that the bottle contained a particular cap which could injure the consumers while opening it, if it is not handled properly. As a result, it can be said in this case that Mark can be successful if he decides to initiate action against the wine company.
Keenan (2007) Smith & Keenan's English Law (15th edn), Pearson Longman
Sappideen, Vines, Grant & Watson, 2009, Torts: Commentary and Materials, Lawbook Co, 10th ed, pp. 374-5
Blyth v Birmingham Waterworks Co (1856) 11 Ex 781
Caparo Industries Plc v. Dickman (1990) 2 AC 605
Donoghue v Stevenson (1932) AC 562
Greatlakes Shire Council v. Dederer & Anor  NSWCA 101
Overseas Tankship v. Morts Dock & Engineering Co., Ltd.  AC 388 (Wagon Mound case)
Wyong Shire Council V. Shirt  HCA 12; 146 CLR 40
At MyAssignmenthelp.com, we understand that when students get stuck with tough assignments, they look for affordable services. To assist students with complex assignments, we have built a team of skilled cheap essay writers. MyAssignmenthelp.com has become one stop solution for all students who often look for answers related to their search similar to do my essay at the cheap rate or who can write my essay at affordable prices. Students prefer hiring us as we have the best provisions to render services related to do my essay online at a reasonable rate.
Answer: Introduction It is essential for tax consultants to have better understanding about different financial concepts to give better advice to their clients. This report is helpful in developing understanding about these financial concepts in practical manner. In his concern, the aim of this report is to gain practical knowledge about the process of calculating net capital gain or net capital loss for a client through different financial t...Read More
Part 1A Section 136 of the Corporation Act (Amendment of constitution) Rules in relation to the process in that the company’s constitution can be changed are given by the Corporation Act 2001 (Cth). Under the CA the constitution has been said to be the key document that sets the relation of the owners with third party, organization and among the members. A particular process is there that is required to be complied with to change the co...Read More
Answers: Issues Whether Karen can terminate the contract with Gym & Tonic, and if she is liable to pay the $100 fee. Laws Section 18 of the Australian Consumer Law (Schedule 2 Competition and Consumer Act 2010 (Cth)) provides that “An individual must not, in trading activity or commerce, engage in conduct that is deceptive or misleading or has the potential of misleading or deceiving the other party into contracting.” The T...Read More
Answer: Introduction: The issue is related to the classification of yearly payments as having the nature of income. The ordinary income does not has any definition in the taxation acts. The meaning of the ordinary income is derived from the case law and is reliant on the principles that emerges from the decisions. The taxation legislation role is to take into the account the value of ordinary income in the taxable income given the amount mee...Read More
Answers: Introduction With the ramified economic changes and strengthen corporate governance practice, each and every Organizaiton needs to increase the effectiveness of its Corporate Governance Structure and Mechanism and sustainability reporting in long run. This report focused on the Corporate Governance Structure and Mechanism and corporate governance compliance of the Star Entertainment Group Ltd. In this report, discussion w...Read More
Just share your requirement and get a customized solution.
Our writers make sure that all orders are submitted, prior to the deadline.
Using reliable plagiarism detection software, Turnitin.com.We only provide customized 100 percent original papers.
Feel free to contact our assignment writing services any time via phone, email or live chat.
Our writers can provide you professional writing assistance on any subject at any level.
Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.
Get all your documents checked for plagiarism or duplicacy with us.
Get different kinds of essays typed in minutes with clicks.
Calculate your semester grades and cumulative GPa with our GPA Calculator.
Balance any chemical equation in minutes just by entering the formula.
Calculate the number of words and number of pages of all your academic documents.
Our Mission Client Satisfaction
Awesome job! The quality of work was stellar and helped me get an A! I was so impressed you have a customer for life!
Everything clear and I\'m happy with the work and now I will book for new assignment they have very professional experts
though this assignment took more than the assigned time it got completed to my satisfaction. thankyou and looking forward to more assignment help from you.
“My assignment” is my stress releasing tablet. Great work team. Thank you very much for every thing. I didn’t got my reference list when they delivered the assignment to me, but in few hours they delivered the reference list and made my life e...