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Tort Civil wrong for which compensation is available to

 wronged person in civil courts

Duty of care to other road users Occupier of the property

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Cases of tort Negligence

Trespass

Nuisance defamation

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Strict liability

 normally element of culpability required. But in this

case its not required

 Vicarious liability:

Person held liable committed by another

Imp in business enviroment

8/12/2019 tort of neg

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Tort v Contract Parties voluntary agree to be bound

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Tort v criminal law Compensation v punishments

Both can exist at the same time

Reckless driving and hits some one

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Tort of negligence Defendant owned the claimant a duty of care

Defendant breached the duty of care

Reasonable foreseeable damage caused by the breachof duty

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Case: auditors and purchase of share

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THREE STAGE TEST Loss caused reasonably foreseeable

Sufficient relationship of proximity between the

claimant and the defendant for a duty imposed In just, fair and reasonable that law should impose a

duty on the defendant

8/12/2019 tort of neg

http://slidepdf.com/reader/full/tort-of-neg 11/22

 case : youth custody center

8/12/2019 tort of neg

http://slidepdf.com/reader/full/tort-of-neg 12/22

2. Sufficient relationship of

proximity between the claimant

and the defendant for a duty

imposed Legal proximity

Personal relationship

Length of time btw events

Goods not tempered with

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 Wind shield shatters --- after a year

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 doctor v football club

  --- no proximity

Not just and fair

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Not just and fair  mother--- serial killer --- police man

Three drunken men commit burglary

Twin deck tape--- capable of copying

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Failing to act No laibility for ‘pure omission’ 

Some one drowning: if one does not act --- no legalresponsibility

 What f he is a life guard?

Parents?

8/12/2019 tort of neg

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Pure economic loss Party suffers economic loss without physical damage to his

own property

E.g. cattle auction case

No damages awarded

case: steel factory--- electricity cable cut

Damaged for deformed melts… but not the one that wouldhave been casted if electricity continued (pure eco loss)

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http://slidepdf.com/reader/full/tort-of-neg 18/22

Negligent statement results in

physical injury Architect: its safe to leave this wall ..

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Defective structures :

Case: council sued--- weak foundations

 Action failed ‘Pure Eco Loss’ 

No damage to building or human’

8/12/2019 tort of neg

http://slidepdf.com/reader/full/tort-of-neg 20/22

Exceptions EXISTANCE OF CLOSE PROXIMITY- PARTY

COMTEMPLATES OTHER PARTY CLOSELY ANDDIRECTLY AFFECTED BY HIS ACTIONS

Solicitor--- beneficiary under the will

Case: spouse witnessed the will

Foreseeable victim– duty of care exists

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