Cases

AUSTRALIAN SAFEWAY STORES PTY LTD v { textual matter:bookmark-start} {text:bookmark-start} {text:bookmark-end} {text:bookmark-end} ZALUZNA - BC8701761 HIGH COURT OF AUSTRALIA Mason, Wilson, Brennan, Deane and Dawson JJ 26 november 1986, 10 butt 1987 — capital of Australia Mason, Wilson, Deane and Dawson JJ. On Saturday 20 January 1979 towards midday the responder entered what has been expound as the “foyer area” of the appellants supermarket at Mount Waverley in Victoria, intending to spoil some cheese. It was a rainy day and in emergence the vinyl-tiled al-Qaeda of the foyer area had become moisture or moist. Unfortunately, before entering the area of the supermarket where the merchandise was displayed, the respondent slipped and slash heavily on the floor. She sustained personal injury. She sued the appellant in the Supreme Court of Victoria for damages for negligence, alleging both(prenominal) a profane of the general duty of fearfuln ess and a breach of the duty owed by an occupier to an node. The action was move by a hear sitting alone.

The learned trial judge ruled that the case was not one in which it was tolerate to look for a duty of care take out in terms of the principles enunciated by Lord Atkin in Donoghue v Stevenson [1932] AC 562 at 580 In coming to that conclusion, his Honour relied mainly on the decision of the House of Lords in London Graving quayage Co Ltd v Horton [1951] AC 737. He therefore tell himself in accordance with the classic exposition of the invitors duty to his invitee as laid down by Willes J in Indermaur v Dames (1866) LR 1 CP 27 4 at 288, namely, that it was the appellants! obligation to take mediocre care to prevent damage from unusual danger of which it knew or ought to own known. The trial judge, while recognising that the moisture on the floor did crap some kind of hazard to customers, held that it was no more than customers obtain on a wet morning would unremarkably expect. It was not an unusual danger. However,...If you want to get a fully essay, hostelry it on our website: BestEssayCheap.com

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