Business Law.

Business Law. How to Answer legal Questions - IRAC 1.    Issue 1. - Does D Owe Duty of Care to P? 2. Rule(s) a.    The Main Test – (Under Common Law): Was it Reasonably Foreseeable by the Defendant that his conduct could harm someone in the Plaintiff’s Position? Case Authority - Donaghue v Stevenson; Case Authority - Grant v Australian Knitting Mills b.    The Secondary Test – (Under Common Law): Was the Plaintiff in a ‘Vulnerable Position and under the Defendant’s Control? c. Under Statute – ‘Occupiers Liability Act (Vic)… Occupier’s Liability - applies to anyone occupying land as owner or tenant.. -     Occupiers of land have the same level of care to different classes of entrants. -    Occupiers Must avoid reasonably foreseeable risk of injury to all entrants (including  trespassers). -    Hacksaw v Shaw, p 103; -    Australian Safeways Stores v Zaluzna (1986), p 103. 3.    Application - Rule to the Facts – a.    In this case….the Plaintiff (Bruce)  can show it was reasonably foreseeable that defendant’s (Classic and Michael’s) conduct could harm someone in plaintiff’s (Bruce’s) position as a Visitor. b.    Vulnerability and Control…. In this case…. the Plaintiff (Bruce)  was in control…and Bruce was vulnerable c.    Under Occ.Liab.Act –D owes P duty of care