Bus101 : Introduction To Business Assessment Answers

Question:

1). Students are required to read the reasons for judgment (ratio) of a NSW court and then answer a number of questions about that judgment.

2). The (abridged) reasoning of the court is set out below. It is abridged because the full reasons for judgment are long and contain aspects of the case not relevant to the questions which students have to answer. I have deleted the sections which are not relevant and renumbered the paragraphs.

3). At this stage students should read the text below so that they are familiar with it when they see the questions.

Answer:

1). The first judge used the following facts in the Verryt v Schoupp case to determine that the defendant Verryt was fully responsible for the Plaintiffs’ injuries.

Legal element	Facts which satisfy the legal element
Damages/Injuries	There was evidence of substantial injuries that the plaintiff suffered. This injuries the first judge found to be a fully the responsibility of the defendant (Fleming, J.G., 2014). The defendant as the driver was fully responsible for the safety of the vehicle.
Proximate Cause	The first judge found the defendant to have not exercised foresight as a responsible adult and reasoned that his actions were endangering the skating boys. According to proximity to cause, injuries were highly to happen.
Cause in Fact	The cause of the injuries was because the first driver was the driver of the skating boys (McDonald, 2010). Had he not been driving while the boy was holding on his moving vehicle, the boy would not have been injured.
Responsibility	The judge found the defendant after agreeing to the boy’s skitching request; he should have ensured absolute responsibility which he didn’t.
Obligation/Duty	The first court also found the defendant as an adult, it was his duty to ensure the safety of the boys which he didn’t do.

2). The court of appeal did not consider if either the boy or the driver had broken any statutory rules of the road because the reasonable care required in this particular case couldn’t be addressed in matters of rules. According to common law degree of apportionment of responsibilities in this case should both be boys and the driver agreed to the act that caused the accident (Fleming, 2014). Both parties were culpable to some degree in apportionment of the damages. Due to varying interpretations of statutory rules the judge opted not to consider.

3). The court of appeal decided that the boy should at least bear some blame to make the judgment fair and just (Kessle, 2016). This is because during the cross examination, the boy who is 12 years old clearly understood he was engaging in a risky exercise. The boy was also responsible for his personal safety by wearing a helmet which he didn’t.

The appeal court in apportioning responsibilities also found that the boy was aware that he could lose balance while skitching. Despite being assumed that the boy felt comfortable skitching because he was in the presence of an adult, who is was familiar with. The ten percent apportionment of responsibility was justifiable.

References:

McDonald, B., 2010. Legislative intervention in the law of negligence: The common law, statutory interpretation and tort reform in Australia. Sydney L. Rev., 27, p.443.

Fleming, J.G., 2014. The law of torts (Vol. 1).Law Book Company for New South Wales Bar Association.Barker, K., Cane, P., Lunney, M. and Trindade, F., 2012. The law of torts in Australia.Oxford University Press.

Kessler, D.P., Summerton, N. and Graham, J.R., 2016.Effects of the medical liability system in Australia, the UK, and the USA. The Lancet, 368(9531), pp.240-246

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