This hypothetical exercise simulates Part B of the end of semester assessment. Part B is worth 30 marks and the marks are split as follows:

Identification of issue/s (5 marks), Relevant rule/s of law (10 marks) , Application of law to facts (10 marks), Conclusion (5 marks)

 

Hypothetical facts

Early last year, 2 inmates escaped from Barwon Prison, which is a Victorian Government facility run by Corrections Victoria.  The inmates escaped while on day release and under the supervision of two Barwon Prison officers. During their escape, the inmates stole a current model Mercedes Benz which was ultimately written off in a police chase which saw the two escapees captured and returned to prison.

The owner of the Mercedes wants to know whether he would be able to successfully sue the Victorian Government in the tort of negligence for failing to take reasonable precautions to prevent the escape.

 

Instructions

Only consider the liability of the Victorian Government and not the individual officers involved on the assumption that if an action would lie against any of the Barwon Prison officers, the Victorian Government would be vicarious liable in any event.

NB: Consider the duty of care issue only.

In your answer, only consider the following cases:

• Donoghue v Stevenson [1932] AC 562
• Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310
• Hill v Chief Constable of West Yorkshire [1989] AC 53