Bounces and buckets — The REAL midweek hump and interplay of statutes and duties of care

Today’s bounce — $0.02 on a random topic — is the REAL midweek hump: TUESDAY.

And the bucket is the interplay of statutes and duties of care.

Tuesdays – the worst. Mondays are ok. But then Tuesday comes. 4 full days of work ahead (and for those who like me sometimes do a bit in the evenings, 3 nights). It’s a struggle.

But get through Tuesday, and by Wednesday morning I’ve already got the momentum going. Thursday and Friday often are managable. And then I’ve made it: Friday night.

It’s Tuesday that’s the problem. The REAL hump. Is this just me?

Now the bucket: if you have a statute that affects the relationship between two parties, and you are thinking about duties of care owed by one to the other, do you take the statute into account?

Yes, you do.

In Koehler v Cerebos (Australia) Ltd (2005) 222 CLR 44; [2005] HCA 15 at [21]-[22], when considering (in that case) an employer’s duty to avoid psychiatric injury, the court noted that any applicable statutory obligations were (amongst other things) to be taken into account, and the content of the duty should not be examined without considering the other obligations between the parties.

Alright see ya later. JD #bouncesandbuckets

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