Question
Steve Steggles is a chicken farmer outside the town of Tamworth in NSW. Steve became aware that someone was coming onto his property at night
Steve Steggles is a chicken farmer outside the town of Tamworth in NSW.
Steve became aware that someone was coming onto his property at night and stealing chickens.
Steve decided to stay up one night in an attempt to catch the thief. He put some spikes on the road to impede any car. He also placed a sign saying "this is private property, trespassers will be prosecuted"
He also armed himself with a shotgun.
A local, Arthur Daley, came onto the property in his car and when he hit the spikes it caused the car to hit a tree which broke Arthur's foot.
When Arthur then tried to escape, Steve fired a shot at the car which hit Arthur's girlfriend Jenny in the leg. She could not be seen as she was lying low on the passenger seat. Jenny had no idea that Arthur went to the property to steal chickens.
a) Does Steve Steggles owe Arthur and his girlfriend a duty of care? Set out your reasons
b) Is there any case law that supports your arguments?
c) If there was a duty of care did Steve breach this duty to Arthur? Give your reasons
d) Did Steve Breach his duty to Arthur's girlfriend, Jenny? Give your reasons
e) Are there any defences to reduce Arthur or his girlfriend's claim for negligence?
Question 2 (12 marks)
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