Tort - Economic Loss

Question 1

Tort

Answer 1

Civil wrong doing imposed by law

Question 2

Negligence

Answer 2

Situation where harm has been caused

Question 3

3 elements needed to be negligence

Answer 3

Defendant has legal duty of care, breached duty, reasonable and foreseeable damaged caused

Question 4

Determining duty of care (7)

Answer 4

Vulnerability, control, interference, assumption of responsibility, financial interest, conflict of duties, disclaimers, indeterminate liability

Question 5

Vulnerability

Answer 5

Plaintiff unable to take reasonable steps to protect themselves = doc

Question 6

Control

Answer 6

Defendant has control over the negligence = doc

Question 7

Interference

Answer 7

If the duty of care would interfere or be a burden to defendants business = doc

Question 8

Conflict of duties

Answer 8

Less likely doc

Question 9

Disclaimers

Answer 9

Less likely doc

Question 10

Indeterminate liability

Answer 10

Defendant can’t readily identify or realistically calculate all parties, less likely doc

Question 11

Caparo test

Answer 11

Harm/loss reasonable and foreseeable, proximity (relationship between parties, length of time, we’re goods tampered with), fair and reasonable to impose duty of care