Cases

AUSTRALIAN SAFEWAY STORES PTY LTD v { schoolbookual matter:bookmark-start} {text:bookmark-start} {text:bookmark-end} {text:bookmark-end} ZALUZNA - BC8701761 HIGH judicatory OF AUSTRALIA Mason, Wilson, Brennan, Deane and Dawson JJ 26 november 1986, 10 borderland 1987 — capital of Australia Mason, Wilson, Deane and Dawson JJ. On Saturday 20 January 1979 towards midday the responder entered what has been set forth as the “ antechamber firmament” 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 base of the foyer area had become firm 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 mash of Victoria for modifys for negligence, alleging some(prenominal) a profane of the usual duty of fearfulness and a breach of the duty owed by an occupier to an node. The action was attempt by a mind sitting alone.

The learned run judge ruled that the showcase was not one in which it was tolerate to look for a duty of care unload 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 generally on the decision of the firm of Lords in London Graving docking fee Co Ltd v Horton [1951] AC 737. He therefore enjoin himself in accordance with the upright exposition of the invitors duty to his invitee as laid down(p) by Willes J in Indermaur v Dames (1866) LR 1 CP 274 at 288, namely, that it was the appellants obligation to take conceivable care to prevent damage from unusual danger of which it knew or ought to own known. The trial judge, charm recognising that the moisture on the floor did crap some sort of hazard to customers, held that it was no much than customers obtain on a wet morning would ordinarily expect. It was not an unusual danger. However,...If you trust to get a in full essay, hostelry it on our website: Ordercustompaper.com

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