The landlord needs to take care to avoid foreseeable risks. Reasonable steps depend on the circumstances of the case. A landlord must not let premises that s/he knew or ought to have known were defective. For liability to be established there needs to have been some notice of problems and failure to...
Are there times when a person may owe a duty to protect another person from the criminal conduct of a third party?
This is rare. The claimant needs to establish that the defendant knew or ought to have known of facts requiring intervention to protect certain people (such as patrons of a hotel), must have had foresight of the criminal conduct of the third party and had capacity to control that conduct...
What matters must a Court take into account in determining whether a defendant owed a duty of care to a plaintiff to avoid causing him or her to suffer mental harm of nervous shock?
S32 of the Civil Liability Act says there is no duty of care unless the defendant ought to have foreseen that a person of normal fortitude might in the circumstances suffer a recognised psychological/psychiatric injury. Circumstances include whether the harm was caused by sudden shock; the plaintiff witnessed the injury/death...