BLAW 212- Second Sem
A Coggle Diagram about Negligent Misstatement: fact or opinion inducing reliance by another and resulting in him/her suffering loss., Property and Family (TRANSFERRING ASSETS INTO TRUSTS-Section 44C - compensation available if relationship property is transferred to a trust defeating the claim of the other spouse., CONTRACTING OUT, DE FACTO: relationship between two persons who are both 18 years or older, who live together as a couple, who are not married or in a civil union, Contributions/SHARES DETERMINED- Presumption is that relationship property will be divided equally., Valuation- Section 2G - value to be determined as at the date of hearing or a different date, at the discretion of the Court. and Agreement to resolve differences : Section 21A.
Formalities - section 21F - in writing, signed by both parties, each party must have independent legal advice, signature must be witnessed, same solicitor to witness and provide advice.
Setting aside agreements - test is serious injustice.), COMPENSATORY DAMAGES (OTHER TYPES OF DAMAGES , CHAPLIN v HICKS  , QUANTUM OF DAMAGE:put the Plaintiff in to the position they would have been in if the tort had never been committed in the first place. and ECONOMIC LOSS ), VICARIOUS LIABILITY: EMPLOYEES, Negligence: Breach of expected standard of care where there is a requirement or duty of care., Foreseeability Principle: take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour, VICARIOUS LIABILITY FOR NON-EMPLOYEES, Agents (Agent = person who is authorised to act on behalf of another (the Principal);
The Principal is vicariously liable for the actions of an agent IF the agent is acting with actual authority or apparent/ostensible" ) and Insolvency