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It was mere conjecture, not cause. What is the standard of care? Today it is an easy test to satisfy. If you argue that, it is contrary to the basic principles of common law causation Kiefel, Hayne, Ballen, Crennan: Could not work out the likely number of members of this class. If the real nature is that the doctor has done something wrong in the diagnosis or treatment of the condition, it is kOT a failure to warn case — it is just a standard negligence case. What is the likelihood of getting a particular disease or this incidence happening to you?

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Within a couple of days it became very swollen, and he went to hospital in a feverous condition.

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Lecture notes, all lectures

A defendant with a mental impairment— which may reduce their cognitive and foresight capacities - will still be held to the standard of a reasonable mentally competent person Carrier v Bonham - - Bonham the D had schizophrenia — he was a long-term patient of a hospital. Adopting such an approach is a example of applying policy considerations — it is almost supplementary to the necessary condition test. Is this sufficient to be legally responsible? Who are the subjects of reasonable foreseeability? Senior Constable P and W were the first on the scene, and this was the first time the officers had worked together. HCA said that but for the breach, would the injury have occurred?

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Comments

  • Hugh 21 days ago

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  • Zavier 12 days ago

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