The NSW Court of Appeal decision in Minister Administering the Environmental and Planning Assessment Act 1979 v San Sebastian [1983] 2 NSWLR 268 concerned liability for pure economic loss in the tort of negligence. However, Glass JA made the following general comment about establishing liability in the tort of negligence: “a recognition has emerged that the foreseeability inquiry at the duty, breach and remoteness stages raises different issues which progressively decline from the general to the particular.”
Discuss Glass JA’s analysis and its application in WA to liability for personal injuries in the tort of negligence. The arguments in your discussion should be supported by citing case-law and statutory authorities where appropriate. In particular, your discussion should address the following:
whether his analysis was correct at the time in identifying the different meanings of reasonable foreseeability required to establish the duty, breach and remoteness elements for such liability; whether his analysis has been reflected in later case-law or statutory provisions, particularly the Civil Liability Act 2002 as amended (WA); and whether under current WA law the presence of reasonable foreseeability is sufficient in itself to establish any of those three elements.
LENGTH OF RESEARCH ASSIGNMENT, CITATION AND NON-DISCRIMINATORY LANGUAGE
Your research assignment must not exceed 1,500 words, inclusive of footnotes and quotations, but exclusive of your bibliography. Marks may be deducted for any research assignment in excess of this prescribed word limit. You should clearly mark your word count on the front page of your research assignment. Your research assignment should adhere to the citation standards prescribed by the Australian Guide to Legal Citations, 3rd edition. It should also avoid the use of discriminatory language. For further information, please refer to the Unit Plan for LAW1117.
PURPOSE AND BASIS OF THE ASSESSMENT:
The aim is to encourage you to think about the principles underlying three of the main elements in the tort of negligence. It should also develop your ability to carry out informed and independent legal research of primary and secondary legal materials, a generic skill essential to the study and practice of law. Your research assignment will be assessed on your demonstrated competence regarding these expected learning outcomes. In particular, it must demonstrate your understanding of those underlying principles.
USE OF SECONDARY MATERIALS:
Please use any secondary materials responsibly. Secondary materials such as law journal articles, monographs and major texts should primarily be used as a source for different views or arguments. They should not be a substitute for your own reading of primary sources, such as key cases and statutes.
ACADEMIC MISCONDUCT POLICY:
Your attention is drawn to the position of ECU regarding plagiarism, other academic misconduct and penalties, as summarized in the Unit Plan for LAW1117.