torts law

In order to be successful in a possible cause of action in negligence against CCC, David must prove on a balance of probability that CCC owed David a duty of care and that the duty of care was breached, and that breach caused damage not too remote. If David is successive he can expect compensatory damage.


Statutory duty:
S345 of the local government act provided that the council may prohibit bathing in any specified locality by notice…..

David had dove from an area without warning signs, his injuries had caused him to become a tetraplegia. David argues that if the signs were present, he would of not jumped.

Positive duties to act may be imposed where the defendant is in a pre-existing ‘protective’ relationship.
David v CCC = visitor & occupier.

Key principle from Anns; if it has a duty to act and its failure to act causes damage, it will be liable= Statutory authorities have a duty to act, in this situation defendant argues th...