Cases

AUSTRALIAN SAFEWAY STORES PTY LTD v { schoolbookual 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 marching 1987 — capital of Australia Mason, Wilson, Deane and Dawson JJ. On Saturday 20 January 1979 towards midday the responsive 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 stage of the foyer area had become laden 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 some(prenominal) a profane of the general duty of fe arfulness and a breach of the duty owed by an occupier to an node. The action was act by a hear sitting alone.

The learned ravel judge ruled that the case was not one in which it was tolerate to look for a duty of care strain 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 in general on the decision of the House of Lords in London Graving dockage Co Ltd v Horton [1951] AC 737. He therefore enjoin 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 274 at 288, namely, that it was the appella nts obligation to take probable care to pre! vent 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 much than customers obtain on a wet morning would unremarkably expect. It was not an unusual danger. However,...If you want to get a generous essay, hostelry it on our website: OrderEssay.net

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