torts assignment!! (1 Viewer)

[Nick]

That is so much clearer

I vote we destroy the word 'proximity' from existence

second

it's used in that model answer example we got but we have never used it in class

and the tests on statutory authorities are so stupidly unclear i am going to boycott the assignment

 

[fuzzy]

If someone is sueing a statutory body for nervous shock, they must satisfy BOTH the statutory duty test and the nervous shock test -- is that right?

 

[Lazarus]

That's right.

 

[i-color]

I wish monika and ashan and tai van just died and so we don't need to find any DOC for them and yeah. This perennial torts assignment which the law faculty is so enarmoured is horribly stupid.

 

[Newbie]

anyone what i should write in regards to the statement that tai-van reckons his illness wasnt caused by the accident

i mean the guy is trying to shoot himself in the foot here

 

[Nick]

just ignore that bit i reckon

the psychologist reckons it was the accident, that's what matters

 

[Nick]

I wish monika and ashan and tai van just died and so we don't need to find any DOC for them and yeah. This perennial torts assignment which the law faculty is so enarmoured is horribly stupid.

it's not that bad is it

there aren't that many grey areas that i can see.. maybe i'm missing something

 

[MoonlightSonata]

anyone what i should write in regards to the statement that tai-van reckons his illness wasnt caused by the accident

i mean the guy is trying to shoot himself in the foot here

That's a matter of evidence, but it doesn't matter anyway - general depression isn't recoverable

 

[addz]

but severe depression...thats another story

 

[MoonlightSonata]

I don't buy it

unless its recognised...

 

[kismet]

how do we kno what constitutes as a "recognisable psychiatric illness".. its not mentioned in any case is it?

i just kno that mere sorrow/grief/anxiety is not...

are anxiety attacks?

 

[i-color]

Hey do you think we'll have to discuss about the authority's omission to act as well as whether they acted negligently?

Cos is their failure to follow up on their notice a misfeasance or nonfeasance?

 

[MoonlightSonata]

agh.. I know I have little reason to but I'm gonna regret this -

but in answer to the previous 2 questions:

I-color: the issue is not whether it acted negligently, rather whether it had a duty at all (we are not looking at breach of stat. duty)

Kismet: recognisable psychiatric illness, anxiety attacks etc --> check the DSM IV

 

[fuzzy]

sorry another question

are we meant to combine both tests (stat duty and NS) so that the question for reasonable foreseeability, for instance, comes out to be 'was it reasonably foreseeable that an act/omission by the statutory authority would result in the plaintiff suffering nervous shock...'???

 

[i-color]

What are you going to regret?

ok, so in determining whether they owe a DOC as a statutory authority, we would be looking at things such as control, vulnerability and knowledge? Do we need to discuss actual vs constructive knowledge?

And in reply to your question fuzzy, yeah I think you do combine the tests.

 

[Lazarus]

are we meant to combine both tests (stat duty and NS) so that the question for reasonable foreseeability, for instance, comes out to be 'was it reasonably foreseeable that an act/omission by the statutory authority would result in the plaintiff suffering nervous shock...'???

No.

The tests don't 'merge' into some kind of super test.

There are simply sets of tests that need to be satisfied.

You begin with reasonable foreseeability of a class of persons - and this test is always the same irrespective of the particular negligence action. Then you proceed to satisfy any other tests that may arise (e.g. statutority authority tests and nervous shock tests).

 

[jessika]

ha usyd girl in our forum!

yeah they only do one major assignment in torts

what???? what a bludge!!!...do you have a tutorial mark or anything else?

 

[MoonlightSonata]

Assignment - 50% (includes a problem question: 65% and an essay: 35%)
Final Exam - 40%
Class Participation - 10%

hardly a bludge..

 

[Nick]

can i sue my computer for negligently fucking up hardcore just when i need to do a torts assignment and causing me intense mental harm

ill show bill gates duty of care

 

[spell check]

yeah i reckon you could

give him one for me since he didn't give me the power to explode peoples computers when they make stupid spelling errors

it was supposed to be a feature of office XP