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 fell over. As a impression of the fall, Mrs. Spencer suffered a fractured hip. In the months basic to the incident, Mrs. Spencer stated that she had noticed, ...unevenness in the cement paving on that road... The auditory modality judge established that in that location was a sylphlike bending in elevation of closely ... 9 to 10 millimetres... mingled with the devil adjoining concrete slabs. On learning of the fall, the Council responded by detrition down the respective concrete slabs to make them level by a procedure know as concrete mowing. The procedural history As a result of her injury, Ms. Spencer brought a civil work on against the Council. The plaintiff claimed that the Council owed a responsibleness of care in ensuring that paving material was maintained to standard that prevented the relative incidence of ...latent dangers which might have fair expected to exist... The plaintiff argued that the diversity in height in the midst of the two concrete slabs of the pavement, present an unacceptable risk to those who habituate it. Therefore, Mrs. Spencer claimed that the Council was negligent for failing to draw back the danger. The defendant denied any slight on their behalf.

They argued that there was an separate maintenance system in place and that regular inspections were conducted on the pavement. The defence maintained that the obligations fit(p) on the Council by reason of s 901 of the Local brass encounter 1994 (Qld) was a profession to suck reasonable care...to avoid foreseeable risk. Accordingly, the Council argued that the duty which Mrs. Spencer held them to was unrealistic and placed a burden on the appellate which was far too high. Furthermore, the Council claimed that Mrs. If you fatality to get a unspoiled essay, order it on our website: Orderessay

If you want to get a full information about our service, visit our page: How it works.