Question 6.1

What are the uniform matters which are set out in theCivil Liability Actsfor establishing the required standard of care in a particular situation?

Question 6.2

What risk management practices would you advise a business client to put in place to minimise the likelihood of negligence occurring in the course of their business activities?

Question 6.3

What must a defendant establish to successfully rely on the defence ofvolenti non fit injuria?

Question 6.4

A client, Dennis, a developer, has recently purchased two vacant blocks of land beside each other in a newly subdivided area. He commences building two townhouses for investment purposes. There is a vacant block beside the blocks he is developing and to make it easier to work on his own sites, equipment and materials are stored on that site. Sometimes it is also used as a car park by his workers. Dennis has now received a letter from the owner of the vacant block threatening legal action against him.

Explain to Dennis the likely nature of the legal action, why he may be liable and the possible consequences.

Question 6.5

Chantelle is an engineer whose core business is the design and construction of prototype products on a project basis. The business is run from workshop and office premises which Chantelle rents. When a client attends the workshop for a scheduled meeting, poorly stored materials collapse, causing the client serious injury.

Chantelle will be liable for her client's injury because of:

Question 6.6

What kind of damages did the Civil Liability Acts limit across the jurisdictions?