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| Battery - Any application of force |
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| Consent - Pl has capacity |
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| Assault - not fear, but apprehension |
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| Assault - conditional threats don't count |
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| False Imprisonment - No reasonable escape |
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| False Imprisonment - Awareness not needed |
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Definition
| Murray v Ministry of Defence |
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| False Imprisonment - imprisonment direct |
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| Trespass to Land - Direct |
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Definition
| Esso Petroleum Co Ltd v Southport Corporation |
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| Trespass to Land - Pl w/ lawful possession |
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Definition
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Term
| Trespass to Land - sky = land |
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Definition
| Kelson v Imperial Tabacco Co Ltd |
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| Trespass to Land - Land not infinitely high |
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Definition
| Berrstein of Leigh v Skyviews and General Ltd |
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| Trespass to Land - fault needed |
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Definition
| Public Transport Commission of NSW v Perry |
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Term
| Trespass to Land - Transient intrusions count |
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Definition
| Graham v KD Morris and Sons Pty Ltd |
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| Trespass to Land - w/o Consent |
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Definition
| Halliday v Nevill and Another |
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| Trespass to Land - D pays for foreseeable damages |
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Definition
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| Nuisance - Damage -> successful case |
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Definition
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| Nuisance - must be nontrivial |
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Definition
Walter v Selfe
"plain and sober and simple notions among the English people" |
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| Nuisance - Give and take principle |
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Definition
Kennaway v Thompson
Clary v Principle and Council of the Women's College |
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| Nuisance - hypersenitivity |
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Definition
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| Nuisance - duration, timing and location |
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Definition
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| Nuisance - moving to the nuisance doesn't matter |
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Definition
| Challen v McCloud Country Golf Club |
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| Trespass to Goods - Direct |
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Definition
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| Trespass to Goods - possession of another |
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Definition
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| Trespass to Goods - Asportation |
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Definition
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| Trespass to Goods - Fault |
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Definition
| National Coal Board v Evans |
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| Conversion - meant to control goods |
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Definition
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| Trespass to Goods - right to possession |
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Definition
| Parker v British Airways Board |
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| Trespass to Goods - human body |
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Definition
| Moore v Regents of University of California |
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Term
| Trespass to Goods - Detinue - Value @ Trial date |
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Definition
| General and Finance Facilities v Cook's Cars |
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Term
| Trespass to Goods - Detinue - Depreciation paid for |
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Definition
General and Finance Facilities v Cook's Cars
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| Trespass to Goods - Detinue - Request necessary |
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Definition
| Flowfill Packaging Machines v Fytone |
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| Trespass to Goods - Detinue - Misplacement not a defence |
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Definition
| Goulding v Victorian Railways Commission |
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Term
| Negligence - an omission/act that a prudent and reasonable man would not do |
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Definition
| Blyth v Birmingham Waterworks |
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| Negligence - DoC - Employer vicarious |
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Definition
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| Negligence - DoC - Employer directly liable, non-delegable |
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Negligence - DoC - builder liable for house
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Negligence - DoC - council responsible for building codes
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| Sutherland Shire v Heyman |
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Negligence - DoC - Professionals liable for services
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Negligence - DoC - Learner drivers have same duty
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Negligence - DoC - Duty to other road users, even without licence
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Negligence - DoC - Neighbour principle
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| Negligence - DoC - foreseeability, interdeterminancy, vulnerability, autonomy and knowledge |
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| Negligence - Breach - Risk not insignificant |
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Negligence - Breach - Inexperience not counted
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Negligence - Breach - Illness, if not voluntary
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Negligence - Breach - Illness, if aware, not counted
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Negligence - Breach - Illness, if autonomous, not counted
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Negligence - Breach - Finance not counted
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Definition
| Exception: Roads and Traffic Authority v RR Pty Ltd |
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Negligence - Breach - Young age, compared to similar age
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Negligence - Breach - statute Scale
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Definition
CLA s9 (2)
Probability I + Magnitude I - Social Utility D - Cost of avoidance |
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| Negligence - Causation - CL BFT |
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Definition
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Negligence - Causation - Onus of proof
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Negligence - Causation - Hypothetical arguments discounted unless disproving pl
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Negligence - Causation - Material Contribution to Risk
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Definition
Fairchild v Glenhaven Funeral Services
(No BFT, but all D contributed to asbestos) |
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Negligence - Causation - Multiple causes, aggravation
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Definition
D2 pays for aggravated I
Baker v Willoughby |
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Negligence - Several Tortfeasors - 1 claim doesn't stop another (<100%)
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Negligence - Volenti Non Fit Injuria
(Free, fully aware, implied agreement) |
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| Negligence - Defences - Sobriety = knowledge |
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Definition
| Insurance Commissioner v Joyce |
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| Negligence - Volenti Non Fit Injuria - Intimidation not counted |
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Definition
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| Negligence - Volenti Non Fit Injuria - CLA |
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Definition
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| Negligence - Dangerous Recreational Activities |
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Definition
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| Negligence - Volenti Non Fit Injuria - Inherent risk |
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Definition
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| Negligence - CL Contributory Negligence |
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Definition
| Froom v Butcher (seatbelt) |
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| Negligence - Contributory Neg - 100% possible |
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Definition
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Term
Negligence - Contributory Neg - Drunk P
No higher SoC
Presumption of C.Neg
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Definition
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Term
Negligence - Contributory Neg - Relying on Drunk
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Definition
| + 25%, in car +50% (ss 48 % 49 CLA) |
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Negligence - Limitations - Punitive and Aggravated damages
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| Negligence - Limitations - Pecuniary loss, medical, 6 hours 6 months, services compensated |
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Definition
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Negligence - Limitations - Pecuniary loss, multiplier/multiplicand
x3 avg earnings max |
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| Negligence - Limitations - Non-Pecuniary, Injury Scale Value |
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Definition
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| Negligence - Limitations - Non-Personal-Injury |
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Definition
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| Negligence - Limitations - Personal Injury |
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Definition
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Term
| False Imprisonment - Unlawful |
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Definition
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| False Imprisonment - No proof of damage necessary |
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Definition
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Term
| False Imprisonment - giving into authority |
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Definition
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| Battery & Assault - Positive act |
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Definition
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| Defences - Mistake not a defence |
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Definition
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| Defences - Self Defence - reasonable to defend oneself |
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Definition
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| Defences - Self Defence - force was reasonable |
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| Defences - defence of another - reasonable to defend |
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Definition
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| Defences - defence of another - amount of force reasonable |
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Definition
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| Defences - defence of property - reasonable belief that force was necessary to end trespass |
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Definition
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| Trespass to land - Anything affixed to the land becomes part of it |
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Definition
| Waverly Borough Council v Fletcher |
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| Defences - Re-entry on land - reasonable force to reclaim chattels |
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| Defences - Re-entry on land - reasonable time needed to eject someone |
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| Private Nuisance - Unreasonableness - Zoning not conclusive |
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Definition
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| Trespass to goods - taking goods |
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Definition
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| Trespass to goods - damaging/destroying good |
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Definition
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| Trespass to goods - missile |
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Definition
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| Trespass to goods - not accidental touching |
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Definition
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| Trespass to goods - defence - lack of knowledge not defence |
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Definition
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| Trespass to goods - bailee may sue |
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Definition
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Term
| Trespass to goods - bailor on fixed term may not sue |
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Definition
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| Negligence - DoC - Occupier/entrant |
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Definition
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Term
| Negligence - DoC - teacher/student |
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Definition
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Negligence - DoC - doctor/patient
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Definition
| Gold v Haringey Health Authority |
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| Negligence - Breach - CL formula for breach |
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Definition
| Wyong Shire Council v Shirt |
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| Negligence - breach - CL probability of harm |
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Definition
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Term
| Negligence - breach - magnitude of risk |
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Definition
| Paris v Stepney Borough Council |
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| Negligence - Breach - Res Ipsa Loquitur |
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Definition
| Scott v London and St Katherines Docks Co |
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| Negligence - Causation - But For Test CL case |
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Definition
| Barnett v Chelsea and Kensington Hospital Management Committee |
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| Negligence - Causation - CL forseeability test |
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Definition
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| Negligence - Causation - Damage of same kind as reasonably foreseeable |
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Definition
Hughes v Lord Advocate
Chapman v Hearse |
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| Negligence - Rewards - statute Success not bar from joint tortfeasor suit, not more than 100% |
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Definition
| Law Reform Act 1995 (Qld) |
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| Negligence - Damages - can't compare existence with non-existence |
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| Consent - must not be exceeded |
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Definition
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| Assault - not necessary if battery was intended |
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Definition
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| Detinue - Money cannot be made off the return of goods (e.g. if stolen car is fixed up) |
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| Negligence - Duty - negligent lack of warning, doctor/patient |
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Definition
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| Negligence - Damages - balance of probabilities all or nothing |
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Definition
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| Negligence - Causation - loss of chance = causation |
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