Jones v Bartlett: A Case Study in Occupier's Liability

LEGAL METHODS AND SKILLS
Running Head: LEGAL METHODS AND SKILLS
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Student’s Name

Legal Methods and Skills 1
Contents
Overview..........................................................................................................................................2
Background and Facts of the case...................................................................................................2
The decision of the court.................................................................................................................3
Ratio Decidendi...............................................................................................................................4
Obiter Dictum..................................................................................................................................5
Critical examination of the decision................................................................................................5
Bibliography....................................................................................................................................8
Legislations 8
Books and Journals 8
Case Laws 8
Other Resources 8

Legal Methods and Skills 2
Overview
The duty of care is a situation where a person needs to act similar to a reasonable person in
respect to others1. The given case for this report is Jones v Bartlett2 , which is a significant case
in the area of Occupier’s Liability. The report stated hereunder consists of the facts, decision, and
rationale behind the decision of the case hereunder. Further, at the end of this report, a critical
review of the decision given by the high court, in this case, is also mentioned.
Background and Facts of the case
In the given case, the claimant, of the case of Marc Jones, was the son of the tenant of a
residential property. He was living in that property with his parents for the last 4 months. The
plaintiff of the case walked through the glass door, which was there to separate the games room
from dining room. He thought that the gate was open and he could not see the actual condition.
As soon as he shattered with the glass door, he suffered from a physical injury in his right leg.
The plaintiff initiated an action against the owner of the property (Landlord) in the district court
of Western for the damages he suffered cause of the injury sustained to him. During the course of
subjective action, plaintiff made following allegations on property owner:-
1. The landlord failed to meet out the standards as mentioned under Occupiers' Liability
Act 19853 as the quality of glass was not up to such standards.
2. The landlord failed to examine the premises at the time of renting out the same, which
would identify the risk involved in the property.
The district court (trial court), heard the proceedings of the case and given it is a decision in the
favor of the plaintiff. The net award given by the court was $37500, which represented a half
amount of actual damages worth $75000. Court has reduced the amount of damages by 50
1 Find Law, Negligence and the 'Reasonable Person' (2018) <
https://injury.findlaw.com/accident-injury-law/standards-of-care-and-the-reasonable-person.html>.
2 Jones v Bartlett (2000) 205 CLR 166
3 Occupiers' Liability Act 1985 (WA)