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The law of tort (Negligence, loss, advisers (Carparo legal liability,…
The law of tort
- Negligence, loss, advisers
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Hedley Byrne & Co Ltd v Heller & Partners Ltd 1964 = duty of care to third parties (special relationship) provided misleading information
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Knowledge, relying on advice given (may suffer loss/damage, reasonable foreseeability
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Carparo legal liability
- Voluntary assumption of responsibility to third parties
- Economic loss is transitional & developmental
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- Former will give rise to damages
- Commence proceedings in period reasonably foreseeable
- Whether or not owe a duty of care to one or more parties
- Disclaim responsibility to third parties
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Civil wrong = Distinct from crime, breach of contract, breach of trust
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Trespass, defamation, nuisance, liability for animals
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Neighbour test (Donoghue v Stevenson 1932) exam; defects with products that could causes injury or injury persons
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- Nervous shock/ psychiatric harm
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Witnessed accident or disaster that suffered death or injury (Alcock v Chief constable of south Yorkshire 1991) Hillsborough disaster
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Loss of earnings, repair costs
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