Breach of Duty: Wyong Shire Council v Shirt is a case between plaintiff Shirt and defendant Wyong Shire council. 15. Disclaimer: The reference papers provided by TotalAssignmentHelp.com should be used as model papers only. This was too broad. foreseeable. Risk is a central issue in the law of negligence, because it is the risk which must reasonably foreseen. Negligence.The Harvard Law Review Association, [Online]. Facts The plaintiff was a constable in the Police Service of NSW. Calculus of Negligence: Shirt illustrates the court case between Shirt: the Plaintiff and Wyong Shire council: Who were the defendants in this legal conflict. Wyong, the court found that the risk of the plaintiff. Facts The plaintiff was a constable in the Police Service of NSW. Reasonable foreseeability of risk Wyong Shire Council v Shirt (1989) CLR 40 High Court of Australia Facts: The plaintiff was water-skiing in a commonly used circuit when he fell and hit the bed of the lake in a shallow area. [Accessed 15 September 2016]. In 1980, Shirt, who was an inexperienced water ski enthusiast, decided to ski in the deep waters since it is easier to ski in deep waters. Explains the test for foreseeability arising from the High Court of Australia ruling in Wyong Shire Council v Shirt that the consequence of negligence was foreseeable unless "far-fetched or fanciful" as a result of the negligent action and traces subsequent case law where this test was applied. The “Shirt calculus” refers to the well known quotation of Mason J (as he then was) in Wyong Shire Council v Shirt HCA 12: “The perception of the reasonable man’s response [to the risk of injury] calls for a consideration of the magnitude of the risk and the degree of the probability of its occurrence, along with the expense, difficulty and inconvenience of taking alleviating action and any other conflicting … The magnitude of the risk. Once it has been established that foresee ability was in fact possible and that by taking standard care, the defendant could have avoided the dire consequences that ensued. Wyong Shire Council v Shirt (1989) CLR 40 High Court of Australia Facts: The plaintiff was water-skiing in a commonly used circuit when he fell and hit the bed of the lake in a shallow area. ‘It is only when these matters are balanced out that the tribunal of fact can confidently assert what is the standard of response to be ascribed to the reasonable man in the defendants position.’ In order to overcome this problem, the High Court inWyong Shire Council v Shirt(1980) 146 CLR 40 held, in effect, that a person cannot be held liable for failure to take precautions against a risk that could be described as ‘far-fetched or fanciful’, even if it was foreseeable. In the Wyong Shire Council vs. Supra n.5 a t 441. 1973.Caterson v Commissioner of Railways. 4. [Accessed 15 September 2016]. The existence of a foreseeable risk of injury does not in itself dispose of the Wyong Shire Council -v- Shirt: Justice Kirby in his judgment noted the decision in Shirt is so well known and frequently applied that it is often not cited by its name. Reasonable Foreseeability: Wyong Shire Council v Shirt (1979), 29 Aust LR 217 Wyong Shire Council v Shirt is a case between plaintiff Shirt and defendant Wyong Shire council. 85, 537-573. Mason J in Wyong Shire Council v Shirt:4 requires consideration of 1. LWZ116 Lecture Notes - Lecture 5: Tort, Wyong Shire, Breach (Security Exploit) 26 views 5 pages. Wyong Shire Council v Shirt. The steps plaintiff has to prove, Supra n.4 a t 251. [12] Both parties relied on the following statement of Mason J in Wyong Shire Council v Shirt (1980) 146 CLR 40, 47-48: 5 "In deciding whether there has been a breach of the duty of care the The Court declined to re-open the foreseeability test enunciated in Wyong Shire Council v Shirt (1980) 146 CLR 40, although it may have left the door open for a challenge in the future. The trial in the lower court went in favor of the plaintiff and subsequently, Wyong Shire Council appealed in the higher court to have their part heard. Country OC2477521. [1971 A.C. 79 ]3 at 806-7. foreseeability. 10 As the previous passage from Wyong Shire Council v Shirt makes plain, reasonable foreseeability of risk of injury is not the end of the inquiry in assessing whether there has been a breach of duty. 2. With extensive experience in academic writing, Total assignment help has a strong track record delivering quality writing at a nominal price that meet the unique needs of students in our local markets. Establishment of Conclusion: The argument of the council was based on the fact that the original purpose of the Lake and channel was swimming and not skiing. Is it reasonably foreseeable for Tyrone Magnus to know that Mr. Pickolas Cage, Ugandan Knuckles, Harambe, Spongebob, and Jonah from Tonga JJ. The court further stated that many a times, classification of events arbitrarily into "not unlikely to happen" and "unlikely to happen" is unfair and unjust. Department. 119. The test used in Wyong Shire Council v Shirt for reasonable foreseeability is that the risk was not ‘far- fetched or fanciful’ then it was reasonably foreseeable. This requires the court to consider a range of factors. Case Brief Wiki is a FANDOM Lifestyle Community. In Voli v Inglewood Shire Council (1963) 110 CLR 74, Windeyer J at 86, said that one should not treat the duty of care as it were a statutory enactment. Mr. Mason states that first it must found that a reasonable man would have foreseen that his conduct could create a risk. in Wyong Shire Council v. Shirt wher hee suggeste thad itn isolation, the test of reasonable foreseeability is too wide and would cover risks which are unlikely: 12. High Court of Australia Shirt required a defendant to have regard to risks that were not far fetched or fanciful. Court Once foreseeability of a ‘not insignificant’ risk has been established, it is necessary to determine what the reasonable person’s response would be. 1) [1961] AC 388 Chapman v Hearse (1961) 106 CLR 112 Jaensch v Coffey (1984) 155 CLR 549 Haileybury College v Emmanuelli [1983] 1 VR 323 Versic v Conners [1968] 3 NSWR 770; 88 WN(NSW)(Pt 1) 332 Farrugia v Great Western Railway [1947] 2 All ER 565 Sutherland Shire Council v Heyman (1985) … It was later concluded in the Wyong Shire Council vs. 1980.High Court of Austrailia. Shirt case was based on the following criteria: It was now the defendant’s responsibility to prove that this was in fact not their fault and thus they were not liable. Sometimes the application of the foreseeability test is described as the “application of the Shirt Calculus”. Duty of care forfeiture as well as negligence is a test for negligible foresee ability, in a situation where in future actions are closely linked to care (Chapman vs. Hearse, 1961). Abstract. On the day of the events in 1980, Shirt, an inexperienced and novice water ski enthusiast took upon himself to ski in deep water. Taking standard care is the defendant’s duty and the defendant has to subsequently act in a manner befitting his intention to impart standard care, by performing certain actions which would showcase his intentions to not be ignorant. Fletcher, GP, 1972. Upon investigation it was discovered that even prior to the dredging operations had been carried out in the channel, with a reasonable risk, ski enthusiasts were in fact using the channel. Wyong Shire Council v Shirt.7 By the time this case reached the High Court, the issue raised for determination was whether the defendant was required to foresee only risks that were ... the common law test of reasonable foreseeability,12 the Ipp Committee recommended that there be a statutory statement OC2477521. The State sought to reopen Wyong Shire Council v Shirt (1980) 146 CLR 40, in as far as it identified the threshold foreseeability of a risk to which a defendant must have regard. Sins suffered pure economic loss due to the affect on his acting career. Thompson v Woolworths (Queensland) Pty Ltd (2005) 221 CLR 234 at [37] Vairy v Wyong Shire Council [2005] HCA 62. Explains the test for foreseeability arising from the High Court of Australia ruling in Wyong Shire Council v Shirt that the consequence of negligence was foreseeable unless "far-fetched or fanciful" as a result of the negligent action and traces subsequent case … 2. [12] Both parties relied on the following statement of Mason J in Wyong Shire Council v Shirt (1980) 146 CLR 40, 47-48: 5 "In deciding whether there has been a breach of the duty of care the Woolworths Limited v Grimshaw - [2016] QCA 274 - Woolworths Limited v Grimshaw (28 October 2016) - where judge applied Wyong Shire Council v Shirt and held a reasonable employer, in the appellant’s position, could have foreseen the risk of injury and would have placed mats in front of the grape display to reduce this risk – whether the. Wyong Shire Council v Shirt. This requires the court to consider a range of factors. Teenage Drama Law Assessment tasks. Wyong Shire Council v Shirt (1980) 146 CLR 40 Issue:-What makes a risk reasonably foreseeable?-What factors should be taken into account when determining whether a defendant had acted reasonably?Facts:-The defendant council had dredged a deep channel in a lake which was otherwise shallow.-The defendant erected four signs in the bed of the lake adjacent to the channel saying ‘DEEP … Now, when the case was tried in the lower court, the arguments put forth by both the parties were rather quite fair and reasonable. Legoe I. dismissed this claim on the basis that the instant case involved policy considerations while the … Year 9/1 Pacific Highway, North Sydney, NSW, 2060, Corporate Finance Planning Assignment Help, Financial Statement Analysis Assignment Help, Activity-Based Accounting Assignment Help, Sample Assignment On The Cause Of Action In A Civil Suit, A Detailed Overview Of Civil Law Vs Criminal Law Essay, Koowarta V Bjelke-Petersen: The Legal Analysis, Breach Of Duty Of Care: A Detailed Analysis, Report on Hackshaw V Shaw case in Adelaide Chemical and Fertilizer, Asic V Vizard Case Study: Business Data Privacy Violation and Prosecution Proceedings, Law Assignment: Violation Of Law Prohibited In Australia By Jane And Jia, Fallas V Mourlas A Landmark Case In Materialization Of Risk, The utility of the Negligence was rather quite high, The probability of the incident repeating itself was also on the higher side, Another important aspect was the magnitude of the situation, which was also high. The signs put up by the lake were in fact part of a lake dredging project, and was part of Saltwater Creek works which were established in the year, 1966. In the Wyong Shire Council vs. 13. In the present case, although the risk of injury was reasonably foreseeable, a reasonable council. It is not about the likelihood or probability of the event - that is a different inquiry which comes later. He was paralysed as a result. (Wyong Shire Council v Shirt) 3. Foreseeability, Standard of care. The. The channel associated with the lake, which was 900 ft. long, was provided for the purpose of promotion of water sports to The Entrance Aquatic Club, and for this very purpose a Jetty was also constructed. The Court declined to re-open the foreseeability test enunciated in Wyong Shire Council v Shirt (1980) 146 CLR 40, although it may have left the door open for a challenge in the future. Woods v Multi-Sport Holdings Pty Ltd (2002) 186 ALR 145. Sins accidentally fucked the president's wife hardstyle. Fandom Apps Take your favorite fandoms with you and never miss a beat. defendant avoided liability on the basis of the second limb of the. Pickolas Cage, Ugandan Knuckles, Harambe, Spongebob, and Jonah from Tonga JJ Post establishment of foresee ability, negligence is calculated based on the following: Case Summary: The Wyong Shire Council vs. Reasonable Foreseeability Overseas Tankship (UK) Ltd v Morts Dock & Engineering (The Wagon Mound, No. Australia – CAUSATION AND FORESEEABILITY – where plaintiff was employed by the defendant as a bus driver – where ... Wyong Shire Council v Shirt (1980) 146 CLR 40 : COUNSEL: Mr L. Stephens for the plaintiff ; ... “take reasonable care to avoid the risk by devising a method of would not have marked every point in its municipal district from which a person could enter a body of water, and warned against or prohibited diving from that point. When the case was tried in a lower court, it was ruled that the defendant: Wyong Shire Council had not exercised standard care in putting up readable signs with pertinent information. . v Shirt [1980] HCA 12; 146 CLR 40 remains the touchstone for the determination of. Wyong Shire Council v Shirt. The test for reasonable foreseeability at the breach stage is: the risk is not insignificant - s 9(1)(b) ... Standard of care owed. Wyong Shire Council v Shirt (1980) 146 CLR 40 Issue:-What makes a risk reasonably foreseeable?-What factors should be taken into account when determining whether a defendant had acted reasonably?Facts:-The defendant council had dredged a deep channel in a lake which was otherwise shallow.-The defendant erected four signs in the bed of the lake adjacent to the channel saying ‘DEEP … Where it is possible to guard against a foreseeable risk, which, An unlikely risk can still be foreseeable. The existence of a foreseeable risk of injury does not in itself dispose of the That is a probability question and is applied later. Reasonable foreseeability . Wyong Shire Council v Shirt is a case between plaintiff Shirt and defendant Wyong Shire council. 10 As the previous passage from Wyong Shire Council v Shirt makes plain, reasonable foreseeability of risk of injury is not the end of the inquiry in assessing whether there has been a breach of duty. The reasonable foreseeability test was discussed in Wyong Shire Council v Shirt : Reasonable foreseeability is given a broad scope. Our local operations span across Australia, US, UK, South east Asia and the Middle East. Swain v Waverley Municipal Council (2005) 213 ALR 249; 213 ALR 249; 79 ALJR 565; [2005] HCA 4 . The perception of the reasonable man’s response calls for a consideration of the magnitude of the risk and the degree of the Wyong Shire Council vs. A reasonable person would take reasonable precautions to avoid reasonable foreseeable risk Test of reasonable foreseeability: Wyong Shire Council v Shirt Negligence: Breach at common law - … WYONG SHIRE COUNCIL RESPONDENT . The State sought to reopen Wyong Shire Council v Shirt (1980) 146 CLR 40, in as far as it identified the threshold foreseeability of a risk to which a defendant must have regard. . Since it is easier to ski in deeper waters than in shallow waters, the idea was perfect. CDU. Published on 22 Jun 2018. It was further noted that, as the original purpose of developing the channel and lake was not to ski and was primarily for swimming, therefore it did not fall under the realm of reasonable foreseeability, for the shire to have assumed the happening of such an incident. The inquiry at the duty of care stage, addresses the foreseeability of harm resulting to the plaintiff from the conduct of the defendant, considered "quite generally" (Shirt v Wyong Shire Council [1978] 1 NSWLR 631, at 639 – 640, per Glass JA). [ONLINE] Available at: https://jade.io/j/?a=outline&id=66395. Wyong Shire Council v Shirt (1980) 147 CLR 40. ON THIS DAY in 1980, the High Court of Australia delivered Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40 (1 May 1980). Now Foreseeability is closely linked to reasonable care. illustrated by Maso Jn. Ibid. Applying the test of reasonable foreseeability in. The plaintiff held that the error which caused him severe physical damage was caused, either due to the defendant’s negligence or for the purpose of misguiding people. Wyong Shire Council v Shirt (1980) 146 CLR 40 at 221. 1) [1961] AC 388 Chapman v Hearse (1961) 106 CLR 112 Jaensch v Coffey (1984) 155 CLR 549 Haileybury College v Emmanuelli [1983] 1 VR 323 Versic v Conners [1968] 3 NSWR 770; 88 WN(NSW)(Pt 1) 332 Farrugia v Great Western Railway [1947] 2 All ER 565 Sutherland Shire Council v Heyman (1985) … This is because in case of a "not unlikely to happen" incident with an associated risk, taking proper preventive measures in not justified (Caterson vs. Commissioner for Railways, 1973). On the day of the events in 1980, Shirt, an inexperienced and novice water ski enthusiast took upon himself to ski in deep water. 1979 defendant avoided liability on the basis of the second limb of the. foreseeability of the events which took place, citing The Council of the Shire of Wyong v. Shirt & 01-s.~ which held that unlikely events could still nevertheless be foreseeable. Additionally, it was also established in Wyong Shire Council vs. Reasonable foreseeability: Points towards the calculation of standard care. Wyong Shire Council I suppose that it is true that there is nothing new under the sun. would not have marked every point in its municipal district from which a person could enter a body of water, and warned against or prohibited diving from that point. ON THIS DAY in 1980, the High Court of Australia delivered Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40 (1 May 1980). 3. [ONLINE] Available at: https://netk.net.au/Tort/Case5.asp. ↩ Commonwealth of Australia, Ipp Committee, Review of the Law of Negligence: Final Report, September 2002, p 105 and [7.15].  Mason J in Wyong Shire Council v Shirt:4requires consideration of 1. Wyong Shire Council was not particularly happy with the ruling and thus applied to the higher court. The existence of foreseeability alone does not dispose of the question of duty – the other factors must be considered. 17. Some illustrations ; Palsgraf v. Long Island R.R. References: Tort Cases: Chapman v Hearse [1961] HCA 46. Wyong Shire Council v Shirt.7 By the time this case reached the High Court, the issue raised for determination was whether the defendant was required to foresee only risks that were ... the common law test of reasonable foreseeability,12 the Ipp Committee recommended that there be a statutory statement Shirt case, in order for the defendant to be able to take reasonable care, the defendant had to have foreseen the possible effects that their actions might have on an individual. LAW OF TORTS Negligence Duty of Care Clary Castrission clary@40k.com.au ... – A free PowerPoint PPT presentation (displayed as a Flash slide show) on PowerShow.com - id: 4855a9-MmY3N Sins head-first into a shallow lake, breaking his spine and turning him into a quadriplegic. Foreseeability in Negligence Law.The Harvard Law Review Association, [Online]. 118. Reasonable Foreseeability: Now Foreseeability is closely linked to reasonable care. authorities stand at present, the common law test as stated in Wyong Shire Council. On the day of the events in 1980, Shirt, an inexperienced and novice water ski enthusiast took upon himself to ski in deep water. [Online] Available at: https://jade.io/article/66842. [Online] Available at: https://jade.io/article/66842. 2008.Miscellaneous Taxation Ruling. ↩ ↩ Peter Steven Benic v State of New South Wales [2010] NSWSC 1039 at [101], per Garling J. LWZ116 Lecture Notes - Lecture 5: Tort, Wyong Shire, Breach (Security Exploit) 26 views 5 pages. In the Wyong Shire Council vs. Log in to leave feedback . The existence of foreseeability alone does not dispose of the question of duty – the other factors must be considered. Shirt case, in order for the defendant to be able to take reasonable care, the defendant had to have foreseen the possible effects that their actions might have on an individual. Wyong Shire Council v Shirt is a case between plaintiff Shirt and defendant Wyong Shire council. [ONLINE] Available at: https://www.austlii.edu.au/au/journals/MelbULawRw/1971/18.html. Students are not to copy or submit them as is. Department. Appellant Shirt, who was a novice ski enthusiast, without any considerable experience in water skiing, decided to ski in the deep waters of the lake. Once the lower court ruled in favor of the plaintiff: Shirt, Wyong Shire Council moved to the higher court, and after carefully analyzing the material facts as well as the situations that ensued, the higher court held that the definition of standard care in this case was rather fanciful and farfetched. Co. (1928 ; Chapman v. Hearse (1961) 20 Reasonable Foreseeability Established Category Of Duty of Care. Since it is easier to ski in deeper waters than in shallow waters, the idea was perfect. The Lake and channel were constructed such, that the oncoming swimmers to the lake would be coming from the side of the Jetty. Fairness and Utility in Tort Theory.The Harvard Law Review Association, [Online]. Mr Vairy was successful at first instance, but appealed the judgment to the High Court to increase the awarded damages. CDU. Since it is easier to ski in deeper waters than in shallow waters, the idea was perfect. Believing the information to be true, Shirt crossed the area where the water was supposedly deep, though actually those were shallow waters. Wyong Shire Council v Shirt. It is a case between plaintiff Shirt and defendant Wyong Shire council. To be foreseeable, a risk does not have to be probable or likely to occur. Wyong Shire Council v Shirt. Shirt case, Shirt: the plaintiff filed the case against Wyong Shire Council seeking justice and some measure of relief to compensate for the loss of functionality in his body. Shirt case that, often times it is just not possible to foresee certain injuries arising out of unlikely incidents, even after exercising reasonable care (Bolton vs. Stone, 1951). Available at: https://www.jstor.org/stable/1339623?seq=1#page_scan_tab_contents[Accessed 15 September 2016]. Reasonable foreseeability in breach has a very wide scope. Published on 22 Jun 2018. Jump to: navigation, search. 29, 40-55. 2016.Tort Cases: Chapman v Hearse [1961] HCA 46. Robinson, Francis & Procter, 2018, adapted from Sappideen and Stillman (1995) No Tolerable Level of Risk. The sign boards were erected as a means to guiding novice swimmers about the shallow and deeper waters in the lake. This was owing to the fact that the signs were just a guidance and not statement of material facts. Wyong Shire Council v Shirt (1979), 29 Aust LR 217. Green, L, 1961. From Uni Study Guides. These reference papers are strictly intended for research and reference purposes only. The inquiry at the duty of care stage, addresses the foreseeability of harm resulting to the plaintiff from the conduct of the defendant, considered "quite generally" (Shirt v Wyong Shire Council [1978] 1 NSWLR 631, at 639 – 640, per Glass JA). Now, in order to ascertain whether the waters were deep or shallow, Shirt took into consideration, a sign which read, “Deep Water” and as per Shirt’s analysis, pointed towards the shore of the lake. 16. Appellant. ... Mason states that first it must found that a reasonable man would have foreseen that his conduct could create a risk. ↩ Shaw v Thomas [2010] NSWCA 169 at [44], per MacFarlan JA. Task: Discuss in detail the case between Wyong Shire Council vs. Judges In situation where certain actions tend to lead to dire consequences, standard care involves foreseeing future risks and taking preventive measures (Green L, 1961). contracting the disease was not far fetched and fanciful, and was reasonably foreseeable. [Accessed 15 September 2016]. The source of the conflict between the two parties stems out of an incident that took place in 1980, when the events took place. In Wyong Shire Council vs. 14. In this case, if putting up the signs was not an act that sufficed to be considered as reasonable care, then verification of Breach of Duty is possible. Whilst negotiating for his life with the Zimbabwean government, Mr. Shirt is to understand the following: 1. Breach depends on identifying relevant risk of injury See Wyong Shire Council v Shirt (1980) See Doubleday v Kelly [2005] Since it is easier to ski in deeper waters than in shallow waters, the idea was perfect. Take your favorite fandoms with you and never miss a beat. [Accessed 15 September 2016]. Once foreseeability of a ‘not insignificant’ risk has been established, it is necessary to determine what the reasonable person’s response would be. Reasonable Foreseeability Case Law. Terry, HT, 1915. Reasonable Foreseeability: Now Foreseeability is closely linked to reasonable care. Wyong Shire Council V Shirt: An Example. reasonable person in the defendant's position would have taken reasonable care to avoid. As punishment, Zimbabwean president Tyrone Magnus threw Mr. [1985 A.C 21. Available at: https://www.jstor.org/stable/1325735?seq=1#page_scan_tab_contents [Accessed 15 September 2016]. 2. The principle of reasonable foreseeability does not come into the picture as the signs erected were meant for swimmers coming in from the Jetty’s side and not meant for ski enthusiasts. 118. The burden to avoid such a situation by erecting readable signs was also very low. In the case of Vairy v Wyong Shire Council, the High Court dismissed the appeal in a 4:3 split decisions in which Vairy had failed in his bids to recover damages from the public authority in circumstances where there had been an alleged failure to warn of a risk of injury in … [Accessed 15 September 2016]. Breach depends on identifying relevant risk of injury See Wyong Shire Council v Shirt (1980) See Doubleday v Kelly [2005] [ONLINE] Available at: https://swarb.co.uk/bolton-v-stone-hl-10-may-1951/. Shirt required a defendant to have regard to risks that were not far fetched or fanciful. The test is one of reasonable foreseeability. ]0 at 240. Appeal dismissed with costs. may nevertheless be plainly. Wyong Shire Council. The case that was made towards the Defendant: Wyong Shire Council, was that of breach of Duty, which was evident from the fact that they did not foresee the possibility and quantum of damages that could have been and eventually did befall someone, and in this particular case: the plaintiff, due to erection of incorrect signs, near the lake, containing pertinent information. Sins would suffer damages. Even though the defendant had failed to present any reasonable and strong argument in the lower court, and had had the decision ruled against them, the higher courts held that it was in fact the duty of the plaintiff to establish, without reasonable doubt that the signs were in fact raised without exercising reasonable care and that there was in fact negligence on part of the defendant. Mr Vairy sued the Council for a breach of duty of care. https://casebrief.fandom.com/wiki/Wyong_Shire_Council_v_Shirt?oldid=11770. Maxwell Review (2004) → ‘reasonable practicability ... Mason J in Wyong Shire Council v. Shirt (1980) The Shirt Calculus. contracting the disease was not far fetched and fanciful, and was reasonably foreseeable. 1973.Willis, John --- "Mount Isa Mines Ltd v Pusey (1971) 45 ALJR 88" [1971] MelbULawRw 18; (1971) 8(2) Melbourne University Law Review 329. To conclude, it was held that the creeks primary concern along with the jetty and Shire was to ensure that reasonable care was exercised when it comes to bating in the channel and lake, and any increase in the utility, due to the channel being used as a water skiing circuit, the Shire was not required to make any fresh arrangements for the ski enthusiasts, as that was not the Shire’s original purpose (Maloney v. Commissioner for Railways, 1978). To be foreseeable, a risk does not have to be probable or likely to occur. Shirt Metrics of Negligence: The purpose behind studying the case, Wyong Shire Council vs. Co. ( 1928 ; Chapman v. 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