Breach of Statutory Duty: Problem Q. Advise all parties of their rights and liabilities in tort. Parties Party Tort Facts NSW Parks and Breach of Statutory duty Statutory authority for Green Wildlife Service National park Negligence Legislated requirement for “responsibility for proper care and maintenance of national parks and wildlife” The South Coast Contributory negligence to Protested back-burning Green Coalition (& fire Ben Boyd) Sam (Ranger) Intentional Torts (trespass Threatened Ben “if you are not to person Assault, Battery) careful, we might just burn off anyway. That’s fix you and your greeny mates” Was assaulted by Ben (Ben through possum dung at him) Ben (Protester) Intentional Torts (trespass Threatened by Sam to person Assault, Battery) Battered Sam South Coast Branch Negligence Statutory authority that of Rural Bush Fire recommended to GNP to back-burn Service Has statutory discretion to require “hazard reduction” Did not choose to use this discretion, did mail, but not formal application to back-burn Department of Main Negligence Forbidden to smoke Roads Trespass to property Smoked anyway May have caused bushfire Carlo (Bushwalker) Death (re: who can sue) Died of smoke inhalation Negligence Wife was dependant Was in park Sue (greenhouse Negligence Neighbouring land owner) Trespass to Land Destroyed by fire Harry (trailer park) Pure Economic Loss Fire reduced tourism reduced income Minor Actions Ben v Sam (Battery) Sam throwing faeces at Ben would probably constitute a battery The requisite elements are: Intentional (either deliberate, reckless or negligent)
Breach of Statutory Duty: Problem Q. Advise all parties of their rights and liabilities in tort. Parties Party Tort Facts NSW Parks and Wildlife Service Breach of Statutory duty Negligence Statutory authority for Green National park Legislated requirement for “responsibility for proper care and maintenance of national parks and wildlife” The South Coast Green Coalition (& Ben Boyd) Contributory negligence to fire Protested back-burning Sam (Ranger) Intentional Torts (trespass to person Assault, Battery) Threatened Ben “if you are not careful, we might just burn off anyway. That’s fix you and your greeny mates” Was assaulted by Ben (Ben through possum dung at him) Ben (Protester) Intentional Torts (trespass to person Assault, Battery) Threatened by Sam Battered Sam South Coast Branch of Rural Bush Fire Service Negligence Statutory authority that recommended to GNP to back-burn Has statutory discretion to require “hazard reduction” Did not choose to use this discretion, did mail, but not formal application to back-burn Department of Main Roads Negligence Trespass to property Forbidden to smoke Smoked anyway May have caused bushfire Carlo (Bushwalker) Death (re: who can sue) Negligence Died of smoke inhalation Wife was dependant Was in park Sue (greenhouse owner) Negligence Trespass to Land Neighbouring land Destroyed by fire Harry (trailer park) Pure Economic Loss Fire reduced tourism reduced income Minor Actions Ben v Sam (Battery) Sam throwing faeces at Ben would probably constitute a battery The requisite elements are: Intentional (either deliberate, reckless or negligent)
pq-stat-auth1.docx