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Dear Mr Theirry,

After perusal of the facts at hand I am advising you of the possible tort actions that may arise from your situation. These actions are as follows:

Theirry v Sydney City Council
Negligence

A duty of care was owed to the plaintiff (Theirry) as it was reasonably foreseeable that omitting to put up proper safety precautions (nets, proper railings) could result in injury or damage to the plaintiff. Refer to Waverly Council v Swain (2002) . The defendant (Sydney City Council) was happy to have these premises used therefore owed the plaintiff a duty of care.

By not taking proper safety precautions the defendant has breached their duty of care. As the risk of injury to the plaintiff was foreseeable with a reasonable likelihood of the injury occurring. The defendants’ omission to take precautions against this foreseeable injury is in breach of their duty of care. See Hackshaw v Shaw , as a reasonable person could have foreseen the possibility of harm and......

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Approximate Word Count: 1205
Approximate Pages: 5 (250 words per double-spaced page)

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