[Essay Help]: LAWS206 Torts

LAWS206 Torts.

Question:

The law of torts is based on a case by case development of the common law and referred to both analogy and incrementalism to an established category. The High Court of Australia has indicated reasonable foreseeability of harm is required before a duty of care will be found, in novel cases, certain salient features are to be applied. Critically examine the salient features as discussed in cases such as, not limited to, Caltex Refineries (Qld) Pty Ltd v Stavar (2009) 75 NSWLR 649, [102] (Allsop P); [2009] NSWCA 258.

In creating these salient features and whether or not the impact of the salient features had in search for a general principle in establishing a duty of care.

LAWS206 Torts