Article Title

No duty of care owed by hotel operators

Abstract

The duty of care of a hotel operator and licensee in regards to a patron who suffered a fatal motor bike accident recently came before the High Court on appeal from the Full Court of Tasmania. The Court rejected the allegation that a duty of care existed in the particular circumstances. It is relevant to note that Tasmania's Civil Liability Act was not enacted until 19 December 2002 and did not apply to this case. Accordingly, the construction of the relevant sections of the Act dealing with intoxication, duty, breach, causation and contributory negligence were not considered.

Keywords

duty of care, hotel operators, CAL No 14 Pty Ltd v Scott, CAL No 14 Pty Ltd v Motor Accidents Insurance Board

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