Tippett & Ors v Fraser & Ors No. Scgrg-97-418 Judgment No. S267

Case

[1999] SASC 267

7 July 1999


Details
AGLC Case Decision Date
Tippett & Ors v Fraser & Ors No. Scgrg-97-418 Judgment No. S267 [1999] SASC 267 [1999] SASC 267 7 July 1999

CaseChat Overview and Summary

In this case, Mr and Mrs Tippett, along with their company Daylite Industries, brought a claim against the defendants, Mr and Mrs Fraser and Fraser Properties, for injuries sustained at a bull sale held by the defendants. The plaintiffs alleged that the sale ring at the bull sale was inadequately designed and maintained, leading to the escape of a bull that caused injuries to the plaintiffs. The court found that the defendants were negligent in their duty of care towards the plaintiffs and awarded damages to the plaintiffs. The court determined that the defendants were liable for the plaintiffs' non-economic and special damages, as well as the economic loss suffered by Daylite Industries. The court also found that the defendants were not liable for the loss of future profits and other economic damages claimed by Daylite Industries. The court awarded damages to the plaintiffs in the amounts of $76,250 for Mr Tippett, $31,295 for Mrs Tippett, and $323,713 for Daylite Industries. The claims against the second defendant were dismissed.
Details

Areas of Law

  • Tort Law

  • Commercial Law

Legal Concepts

  • Duty of Care

  • Negligence

  • Compensatory Damages

  • Vicarious Liability

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

4

Barclay v Penberthy [2012] HCA 40
Barclay v Penberthy [2012] HCA 40
Cases Cited

3

Statutory Material Cited

0

Hackshaw v Shaw [1984] HCA 84
Hackshaw v Shaw [1984] HCA 84
Cavalier v Pope [1906] UKHL 1