Commercial Law

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Issue2. It is necessary to define whether Wollongong council exercise required standard of care to Peter. Rule2. Wrongdoer’s conduct is measured against the standard of care in negligence. Standar... d of care can be defined as the care that reasonable and normal person would take. In contrast, negligent action is considered when a person do the things normal and reasonable would not have done. Reasonable person must take precaution to avoid foreseeable risk. Paris v Stepney Borough Council (1950) Furthermore, likelihood of risk occurrence and seriousness of the risk consequence are necessary to be taking into consideration if care is not taken by the person. Bolton v Stone (1951); Imbree v McNeilly (2008) For the purpose of defining whether a person take preventative action against a risk of harm, the fundamental measurements are probability of occurring harm without reasonable care, significance of harm and responsibility of taking precaution for avoiding foreseeable risk. (S 5B of the NSW Act under the Civil Liability Act) Application2. In Peter’s situation, Council can foresee road widening will overlap his block of land, which will consequently reduce value of it. The risk arisen from not providing road widening issue on the certificate was significant because Peter could lose half of land’s value and his development plan can seri [Show More]

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