Wrongs Act 1958 Analysis

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Depending on the circumstance, it is necessary for the court to further evaluate if the defendant has committed a breach on the duty of care. These are known as special circumstances, under the Wrongs Act 1958, there are outlines for such an instance.
STANDARD OF CARE FOR PROFESSIONALS
As stated in the Wrongs Act 1958 (Vic), s 59(1), if a professional were to act in a manner that is widely regarded as the standard of care for the professional in that field, that the courts would deem the defendant as not breaching duty of care.
“A professional is not negligent in providing a professional service if it is established that the professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by a significant …show more content…
LIABILITY OF PUBLIC AUTHORITIES The public authority has a duty of care that is expressed in Wrongs Act 1958 (Vic), s 83, this section of the act lays out the various factors that may determine if a public authority had a duty of care that may have been breached.
The factors that are taken into consideration are taken directly from the Wrongs Act 1958 (Vic), s 83;
a) The functions required to be exercised by the authority are limited by the financial and other resources that are reasonably available to the authority for the purpose of exercising those functions;
b) The functions required to be exercised by the authority are to be determined by reference to the broad range of its activities (and not merely by reference to the matter to which the proceeding relates);
c) The authority may rely on evidence of its compliance with the general procedures and applicable standards for the exercise of its functions as evidence of the proper exercise of its functions in the matter to which the proceeding relates.
Source: (Wrongs Act …show more content…
o Wrongs Act 1958, s 83
• Limitations on liability of road authority o Road Management Act 2004, s 102
• Court must consider intoxication of the Plaintiff. o Wrongs Act 1958, s 14G(2)(a)
• Court must consider whether the Plaintiff was engaged in an illegal activity o Wrongs Act 1958, s 14G(2)(b)
• Standard of care for professionals-Peer professional test o Wrongs Act 1958, s 59
• Duty to
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