Dental ( shear bond strength of orthodontic bracket )

Dental ( shear bond strength of orthodontic bracket ) Business Law. How to Answer legal Questions - IRAC 1. Issue 1. - Does D Owe Duty of Care to P? 2. Rule(s) a. The Main Test – (Under Common Law): Was it Reasonably Foreseeable by the Defendant that his conduct could harm someone in the Plaintiff’s Position? Case Authority - Donaghue v Stevenson; Case Authority - Grant v Australian Knitting Mills b. The Secondary Test – (Under Common Law): Was the Plaintiff in a ‘Vulnerable Position and under the Defendant’s Control? c. Under Statute – ‘Occupiers Liability Act (Vic)… Occupier’s Liability - applies to anyone occupying land as owner or tenant.. - Occupiers of land have the same level of care to different classes of entrants. - Occupiers Must avoid reasonably foreseeable risk of injury to all entrants (including trespassers). - Hacksaw v Shaw, p 103; - Australian Safeways Stores v Zaluzna (1986), p 103. 3. Application - Rule to the Facts – a. In this case….the Plaintiff (Bruce) can show it was reasonably foreseeable that defendant’s (Classic and Michael’s) conduct could harm someone in plaintiff’s (Bruce’s) position as a Visitor. b. Vulnerability and Control…. In this case…. the Plaintiff (Bruce) was in control…and Bruce was vulnerable c. Under Occ.Liab.Act –D owes P duty of care