Business Law

    Business Law

    How to Answer legal Questions – IRAC

    1. Issue 1. – Does D Owe Duty of Care to P?

    2. Rule(s)

    a. The Main Test – (Under Common Law)

    Was it Reasonably Foreseeable by the Defendant that his conduct could harm someone in the Plaintiff’s Position?

    Case Authority – Donaghue v Stevenson;
    Case Authority – Grant v Australian Knitting Mills

    b. The Secondary Test – (Under Common Law):
    Was the Plaintiff in a ‘Vulnerable Position and under the Defendant’s Control?

    c. Under Statute – ‘Occupiers Liability Act (Vic)…
    Occupier’s Liability – applies to anyone occupying land as owner or tenant..
    – Occupiers of land have the same level of care to different classes of entrants.
    – Occupiers Must avoid reasonably foreseeable risk of injury to all entrants (including trespassers).
    – Hacksaw v Shaw, p 103;
    – Australian Safeways Stores v Zaluzna (1986), p 103.
    3. Application – Rule to the Facts –
    a. In this case….the Plaintiff (Bruce) can show it was reasonably foreseeable that defendant’s (Classic and Michael’s) conduct could harm someone in plaintiff’s (Bruce’s) position as a Visitor.
    b. Vulnerability and Control…. In this case…. the Plaintiff (Bruce) was in control…and Bruce was vulnerable
    c. Under Occ.Liab.Act –D owes P duty of care
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