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TweetIntroduction This paper examines ‘Phil’ the hypothetical lawyer who didn’t study international commercial law, which is not necessary to complete a law degree.  Phil didn’t know the United Nations Convention on Contracts for the International Sale of Goods ‘CISG’[1] applied to a contract of sale based on Victorian law. The CISG’[2] has been adopted worldwide […]

the defendant must adduce proofs that raise a “more probable than not” inference in favour of what it urges; there must be a reasonable and definite inference available on the whole of the evidence; there must be something more than conflicting inferences of equal degrees of probability. And in assessing whether the defendant has satisfied its obligation, the Court must take into account the gravity of the matters alleged….

A police officer sued the Police Commissioner and the New South Wales Government for vicarious liability, alleging negligence and breach of duty of care for failure of the Commissioner of Police to take reasonable precautions against the officer’s risk of suffering psychiatric injury.

so unless a home owner has Liability insurance, they are putting their property and their assets at risk every time a tradesman visits, even if the tradesman has their own insurance.

“‘The poorest man may in his cottage bid defiance to all
the forces of the Crown. It may be frail – its roof may
shake – the wind may blow through it – the storm may
enter – the rain may enter – but the King of England cannot
enter – all his force dares not cross the threshold of the
ruined tenement.’ So be it – unless he has justification
by law.”

In this case MacDougal v Mitchell [2015] NSWCA 389 after all the pain and suffering and having to go to Court to recover the costs of the damage done to him, the Court awarded Mr MacDougal $10,000 in aggravated damages and $20,000 in Exemplary damages.

The Court was considered that Alameddine’s mother at the time of paying there was no clear warning prior of the dangers, a reasonable person in the position would not have been aware of the risks of quad biking going by their website advertising.

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