Per Kirby J (Harriton v Stephens): it is necessary to draw on past examples expressed in very different circumstances [in order to] adapt principles

Per Kirby J (Harriton v Stephens): it is necessary to draw on past examples expressed in very different circumstances [in order to] adapt principles

Per Sullivan v Moody:

Harm suffered must be recognised as:

Legally recognised right

A Compensatable infringement

Reasonably foreseeable

Requires analogy t an established category(or categories) of duty cases

Factors in said case(s) may be applied to the case at hand

Per Lord Atkin (Donoghue v Stevenson): Ethical and moral considerations should be factored especially if dealing with fundamental human rights

Kirby J (On the topic of policy consideration) evaluate new cases with candid reference to and evaluation of, considerations of legal policy.

Per Kirby J (Cole v South Tweed Heads Rugby League Football Club Ltd):

The policy reasons, concerned with free will and personal autonomy, tat ight in other circumstances justify withholding the imposition of a duty of care are overridden, in the case of the club, by the commercial interest it had in the presence of the appellant on its premises and the known propensity of the alcoholic product at least some individuals [are exposed to] the risk of serious harm

>Perre may be used to read Caltex more loosely following Perres criticism (Per McHugh J) of the limitations in the judgments of caltex