Good law
Rejected the Bolam test in Australia for the duty to warn: the standard of care owed by a doctor is set by the court, not by professional practice, and material risks must be disclosed.
Medical negligenceDuty to warnTorts
Legal research
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4 authorities
Wyong Shire Council v Shirt
(1980) 146 CLR 40 · [1980] HCA 12
High Court of Australia · 1980 · Australia
Qualified
Established the Australian calculus of negligence: a risk is foreseeable unless it is far-fetched or fanciful, and breach is assessed by weighing the magnitude of the risk against the burden of precautions.
NegligenceTortsStandard of care
Good law
Founded the modern law of negligence with the neighbour principle: a manufacturer owes a duty of care to the ultimate consumer of its product.
NegligenceDuty of careTorts
Qualified
Established strict liability for the escape of a dangerous thing brought onto land in a non-natural use of that land.
TortsStrict liabilityNuisance