Tort Liability Blaw2014 (Curtin University)

Dear Sir! I'll be grateful if you can help me on question 1 and 2! Its based of loss of opportunity in Tort! The subject is on Damage and defences

early thirties. Despite having been employed at the renery for only a few months, just before the accident his employers had been considering promoting him to foreman. However, Mick suffers severe injuries to his hands in the accident and it becomes apparent that he will not be able to continue in the position or any position involving manual labour. One of the reasons Mick's hands were so severely injured is because he was not wearing the protective gloves that the company recommends all of its employees wear. However, in Mick's role, this is a recommendation rather than a requirement. Mick's fellow workers give evidence that Mick usually always wore his gloves but that day had just returned from the pub at lunchtime and may have had a few too many pints and forgotten to put them on. Mick argues, however, that he had only had 1 pint of beer and that he would have worn the gloves had he been required to do so. The pipeline explosion also causes petroleum hydrocarbon to contaminate groundwater supplies in the vicinity of the pipeline. Convert Pty Ltd ('Convert') is a property developer and owns a plot of land in the vicinity of the pipeline. Their intention is to develop the land into residential houses and apartments. At the time the leak occurs, Convert is preparing to submit a planning application to have the land rezoned from industrial use to residential use, to allow its development to proceed. At the time of submitting the application, Convert did not know whether the planning application would have been successful. As a result of the groundwater contamination, however, the land will not be able to be turned into a residential development after all. Question continues over page. Using the four step process, consider the following: a) The likely heads of damage that will be claimable by Ray and Mick and the likely basis of calculation of these damages; b) Whether Convert is likely to be able to claim damages for the lost opportunity of developing the land into residential houses and apartments; 0) Whether the liability of the company, Noxxo, to Mick is likely to be reduced due to contributory negligence on his part. End of Tutorial