Question
Part B: Negligence question Read the questions below on Negligence. A minimum of 3 genuine and relevant Australian legal references are required for this part
Part B: Negligence question
Read the questions below on Negligence.
A minimum of 3 genuine and relevant Australian legal references are required for this part of the
report. Examples of relevant references for this question include the Civil Liability Act (NSW);
Australian cases; and Australian law textbooks.
The full citations for all sources cited must be listed in a Reference list at the end
of report.
On 3 April 2020, Madeline Burnett placed an advertisement in the Trading Post, a specialist
newspaper, advertising a garage sale to be held at her home in the weekend of 5-6 April 2020.
Madeline has previous experience in conducting garage sales. Such activities are common in the
suburbs of Adelaide, where Madeline's home was situated, and elsewhere throughout Australia.
The first day of the garage sale, 5 April 2020, started out clear and sunny. Madeline's property
included a concrete driveway extending from a carport annexed to the house to the public footpath
and road. The driveway comprised sections of concrete joined in an expansion joint which extended
throughout its length. Madeline placed a variety of domestic articles for sale on a trestle table
situated on the southern side of the driveway close to the carport. Prospective purchasers had no
alternative but to approach the goods by walking over the driveway. Madeline expected a volume of
pedestrian traffic to attend the sale. She knew, or ought reasonably to have known, of the disparity
in the levels of the adjoining concrete slabs in the forecourt of her home.
Darcie entered Madeline's premises at about 8:40 a.m. wearing slip-on shoes. She walked towards
the trestle table. To get this done she had to cross the divide in the concrete slabs. An object caught her
eye, presumably one of the garden or other items for sale on the trestle table. At that point, her right
foot rolled on the elevation of one concrete slab as it adjoined the adjacent slab. Darcie, a woman
then aged 53, fell towards the ground, touching it but then regaining her footing. In the course of this
motion, she felt a crack in her right foot. This was later diagnosed as having caused a fracture.
Darcie sued Madeline in the Magistrates Court of South Australia, claiming damages for negligence.
Using legal principles and rules learned on Negligence, advise Darcie on whether her case against
Madeleine will be successful.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started