Sections 2 to 4 – Social Action, Responsibility and Heroism
10.Sections 2 to 4 provide that the court making such a determination must have regard to the following matters;
whether the alleged negligence or breach of statutory duty occurred when the person was acting for the benefit of society or any of its members (section 2);
whether the person, in carrying out the activity giving rise to the claim, demonstrated a predominantly responsible approach towards protecting the safety or other interests of others (section 3);
whether the alleged negligence or breach of statutory duty occurred when the person was acting heroically by intervening in an emergency to assist an individual in danger (section 4).
