Analysis of a Case Including Judgement, orders and analysis: Spencer v The Council of the City of Maryborough

The material facts The plaintiff, Mrs. Spencer, was a 73 year old woman. In March 2000, Mrs. Spencer was walking along the sidewalk in Maryborough, when she tripped and vanish over. As a result of the fall, Mrs. Spencer suffered a fractured hip. In the months foregoing to the incident, Mrs. Spencer stated that she had noticed, ...unevenness in the cement paving on that road... The trial judge established that there was a slight deviance in elevation of about ... 9 to 10 millimetres... mingled with the deuce adjoining concrete slabs. On learning of the fall, the Council responded by scratch down the respective concrete slabs to make them level by a procedure known as concrete mowing. The procedural history As a result of her injury, Ms. Spencer brought a well-behaved work on against the Council. The plaintiff claimed that the Council owed a duty of lot in ensuring that pavement was maintained to standard that prevented the incidence of ...latent dangers which compe tency have evenhandedly expected to exist... The plaintiff argued that the difference in height betwixt the two concrete slabs of the pavement, posed an impossible risk to those who use it. Therefore, Mrs. Spencer claimed that the Council was negligent for failing to remove the danger. The defendant denied any slight on their behalf.

They argued that there was an appropriate concern system in place and that regular inspections were conducted on the pavement. The defense mechanism maintained that the obligations fit(p) on the Council by reason of s 901 of the local anesthetic brass Act 1994 (Qld) was a duty to take reasonable care...to countermand f! oreseeable risk. Accordingly, the Council argued that the duty which Mrs. Spencer held them to was unrealistic and placed a encumbrance on the appellate which was far too high. Furthermore, the Council claimed that Mrs. If you want to locomote a full essay, order it on our website: BestEssayCheap.com

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