HERCULES TEXTILE MILLS PTY. LTD. v. K. & H. TEXTILE ENGINEERS PTY. LTD.

[1955] VLR 310·SHOLL J. [after discussing matters immaterial to this report, continued:]
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[1955] VLR 310
1955 VLR 310
HERCULES TEXTILE MILLS PTY. LTD. v. K. & H. TEXTILE ENGINEERS PTY. LTD. Supreme Court of Victoria SHOLL J. [after discussing matters immaterial to this report, continued:] March 4, 7, 8, 9, 10, 15, 16, 17, 21 March 1955 Negligence — Welding operations — Danger of fire — Liability in contract and tort — Standard of care — Volenti non fit injuria — Whether available as a defence — Contributory negligence — Relevancy in mitigation of damages — Onus of proving contributory negligence .

Where a person is engaged to do welding operations on premises, the obligation which rests upon him both in contract and in tort is to use reasonable care and skill in the circumstances, having regard to the dangerous nature of the work and particularly the magnitude of the risk involved in the operation.

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[1955] VLR 310

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