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Tort (Other Torts (Tort of passing off (Misrepresentation by tortfeasor,…
Tort
Other Torts
Tort of passing off
Misrepresentation by tortfeasor
Plaintiff suffers/likely to suffer loss of goodwill
There is goodwill attached to business
Tort of inducing breach of contract
Tort of defamation
Untrue
Lowers the person's reputation generally
Published
Vicarious Liability
Employer is vicariously liable for torts committed by employee in course of work
Negligence
Breach of duty
Seriousness of Injury
Cost of avoiding risk
Likelihood of Injury
Res ipsa loquitur (speaks for itself)
Level of skill
Resulting Damage
Causation
But-for test
Remoteness
Direct consequence test
Reasonable foreseeability test
Egg-shell skull rule
Defences
Contributory Negligence (Partial defence)
Disclaimer (Similar to EC, must be reasonable)
Volenti non fit injuria (Complete defence)
Economic Loss & Nervous Shock
Nervous Shock
Proximity (Time and space)
Means by which the shock is caused (Sight or hearing of event)
Class of persons (proximity in terms of relationship)
Pure economic loss generally not recoverable in SG
Duty of Care
Foreseeability
Policy (Normally no)
Proximity
Negligent Misstatements
Breach of Duty
Would a reasonably competent fellow professional in the same field breach such a duty of care?
Minimize claims for such breaches
Resulting Damage
Causation is proven through reliance
Pure economic loss is recoverable
Duty of Care (Establish special relationship)
Advisor in business of giving advice
Is advisee's reliance on advice reasonable?
Advice paid for
Disclaimer (Satisfies UCTA)