Is There A Duty To Rescue In The Tort Of Negligence The Likelihood And Extent Of The 3219484
ESSAY TOPIC
Assessment Task 2: Analytical Torts Essay.
Refer to the Subject Outline for full details as to assessment criteria and submission requirements for the essay.
QUESTION
IS THERE A DUTY TO RESCUE IN THE TORT OF NEGLIGENCE?
“The likelihood and extent of the harms suffered are not said to have been directly increased by any positive act of the Commonwealth….[T]he wrongs asserted are better understood as omissions, which engage the general principle stated by Windeyer J in Hargrave v Goldman (1963) 110 CLR 40; [1963] HCA 56 at 66 that the common law “casts no duty upon a man to go to the aid of another who is in peril or distress, not caused by him.”
Ibrahimi v Commonwealth of Australia [2018] NSWCA 321 (19 December 2018), Payne JA, Meagher JA and Simpson AJA agreeing at [207].
Attachments:
ASSIGN.docx