Question
Under the common law, a person who owes a duty of care to another person is liable for the death or personal injury of the
Under the common law, a person who owes a duty of care to another person is liable for the death or personal injury of the other person if the death or personal injury is caused by the breach of duty. In order for Peter and Adele to be successful in their negligence claim, they will need to show that their injuries were caused by the company's breach of duty.
It will need to be shown that Adele's post-traumatic stress disorder was caused by the company's failure to provide a vegetarian option. It will also need to be shown that Peter's snake bite and hand injuries were caused by the company's failure to provide proper instruction on how to use the cooking facilities.
The company may argue that Peter and Adele assumed the risk of injury when they decided to go on the camp. The company may also argue that Peter and Adele contributed to their own injuries by not following the instructions on how to use the cooking facilities.
Under the Civil Liability Act 2002 (NSW), a person who owes a duty of care to another person is liable for the death or personal injury of the other person if the death or personal injury is caused by the breach of duty. In this case, it will need to be shown that the company's breach of duty was the cause of Peter's snake bite and Adele's post-traumatic stress disorder.
Explanation:
Duty of care
Under the common law, a person who owes a duty of care to another person is liable for the death or personal injury of the other person if the death or personal injury is caused by the breach of duty. The principles governing the duty of care are set out in the case of Donoghue v Stevenson [1932] AC 562.
In order for a person to be liable in negligence, they must owe the plaintiff a duty of care. The duty of care is based on the principles set out in the case of Donoghue v Stevenson. The case establishes that a person owes a duty of care to another person if it is reasonably foreseeable that their actions or omissions could cause injury to that person.
In this case, it could be reasonably foreseen that if Adele was not given a vegetarian option, she would be forced to eat non-vegetarian food. It could also be reasonably foreseen that if Peter was not given proper instruction on how to use the cooking facilities, he could be injured.
Could you please be specific. Thank you
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