Damage: the gist of the action

Alcan Gove Pty Ltd v Zabic [2015] HCA 33 8 Damage is the gist of the actionThe law is clear that actual damage or injury is an essential element of a cause of action in negligence for personal injury[7].  (It is not disputed that the respondent established the other...

Non-delegability

Negligence  Duty of care  Local education authority  Claimant school pupil injured during school-arranged swimming lesson organised and provided on-site by independent contractor  Swimming teacher and lifeguard employed by independent contractor  Claimant...