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6 Vital Elements of Successful Negligence Claims Explained and More
(This is a fictional negligence case) ’’Porter v The West Bloke Hotel’’ Advice to Elliot 1, Duty of Care Analysis The occupier of premises must exercise the standard of care accordingly. [1] Therefore, the West Bloke Hotel, which has full control over the premises, must ensure the safety of the entrants. Elliot is not an invitee of the hotel. Although the Hotel does not allow children in the gambling areas, Elliot is still on the hotel’s property in the car park, which does
DuDu Sunny
Feb 247 min read


How To Understand the Criminal Law: Consent and Liability
[Legislation: Criminal Law Consolidation Act 1935 (South Australia)] INTRODUCTION A criminal offence typically consists of two components: physical elements and fault elements. However, s 20A of the Criminal Law Consolidation Act 1935 (SA) (‘CLCA’) regarding ‘’choking, suffocation or strangulation” (‘’CSS’’), particularly par. (1) of s 20A, appears to be completely silent on the fault elements, such as intention, recklessness, knowledge, or negligence. This omission might
DuDu Sunny
Feb 69 min read
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