ID 18540895
(word count 1257 only the answer )
ANSWER
QUESTION 1 :
Facts
Arabella Lim is an architect
Had provided designs drawings and specification that desings was approved by the wonder council for the balcony on the first floor of the wonder wood town hall trivia night was held on the first floor magistrate snape heavily intoxicate was leaning against the balcony balcony began to give way magistrate snape fekk to the ground were broken his legs, suffered injuries to his spine
Issue : Did Lim breach the duty of care he owed to magistrate snape ?
Rules : that the plaintiff had a reasonable foreseeability to owe for the defendant ; Chapman v Hearse
that the proximity of relationship to the defendant by …show more content…
Lim would argue that she did her duty when she was in the same profession, as an architect lim has used professional skills in her designs. Due to wonder wood councill approved lim ‘s works there was no dought that lim was reasonable person. Magistrate was injured when the time lim is in the profession , and due to her duty. In the case of Imbree vs mcneilly5 it was held that ,
“ The standard of care ‘does not vary with the particular aptitude or temperament of the individual.’ The knowledge of the plaintiff regarding the defendant’s abilities was not relevant.”. further more lim would argue that as a architect lim lim is coming under the professional duty. Therefore she could explain standard care according to the wrong act s 59 6 “ 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 number of respected practitioners in the field ( peer professional opinion ) as competent professional practice in the circumstances”. According to that section of the wrong act at the time of the lim’s profession duty would not be liable to owe to