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March v Stramare
Transcript of March v Stramare
The Defendant(Stramare) alleges that it was the
of the Plaintiff(March) which was the cause of his harm,
and not the Defendant's
negligence in parking the truck
The respondent was imposed the common law duty since the high court of Australia wanted to protect motorists from the very risk of injury that befell the appellant. In this circumstance, the negligence of the defendant was a continuing cause of the accident.
Application & Ratio
duty of care
breach of duty
"but for" Test
Thank you ~
1985.3.15 1:00 am
Frome St, Adelaide
Defendant has a duty of care to take positive action
Plaintiff's negligent conduct created a situation of danger
Defendant’s negligence satisfies the “but for” test.
The respondent should take a large proportion of responsibility.
Be careful in driving & parking!