Week 10- Liability Flashcards
1
Q
Three categories of construction liability
A
- breach of contract
- tort
- breach of trust
2
Q
Three elements to prove breach of contract
A
- the contract was breached
- you suffered loss or damage caused by the breach
- damage suffered is recoverable
3
Q
How will the court remedy for breach of contract?
A
-try to put claimant in a position it would have been in if there were no breach
4
Q
What is tort?
A
wrongs committed against others causing injury to person or property
5
Q
What are some examples of tort?
A
- fraud
- negligence
- nuisance
- personal injury
- trespass
6
Q
What four tests are used to test negligence?
A
- existence of a duty of care
- breach of duty of care
- damage suffered
- damaged was caused by the breach
7
Q
What is pure economic loss?
A
-negligence causing no physical damage to persons or property, but only monetary loss, generally not recoverable
8
Q
How will the court remedy for tort?
A
court will attempt to put the claimant in the same position before the tort
9
Q
What are three things necessary for Breach of trust?
A
- person can exercise discretion or power
- person can exercise discretion or power to affect the beneficiary’s interests
- beneficiary is particularly vulnerable to or at the mercy of the person
