Calculus of Negligence - Australia

Australia

In Australia, State and Territory legislatures require that the social utility of the activity that creates the risk of harm be taken into account in determining whether or not a reasonable person would have taken precautions against that risk of harm. For example, in Haris v Bulldogs Rugby League Club Limited the court considered the social utility of holding football matches when determining whether a football club took sufficient precautions to protect spectators from the risk of being struck by fireworks set off as part of the entertainment during a game.

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