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The Calculus of Negligence 4 Who is the Reasonable Person? 9 Causation 13 Factual Causation under the Common Law 13 Factual Causation under Statute 16 Novus Actus Interveniens 18 Successive Causes 20 Exceptional Cases 21 Remoteness 24 Foreseeability of Damage 24 Kind of Injury and Manner of its Occurrence 25 Eggshell Skull Rule 26 Concurrent Liability 28 Vicarious Liability 28 Non-delegable Duty 33 Proportionate Liability 35 Breach of Statutory Duty 38 Defences to Negligence 42 Contributory
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or Radio Station 2ZW owe Jane or Tom duties of care? Is this personal injury or purely economic loss case? Was there a breach of the duty of care? Did the breach cause any harm to Jane and Tom? Was the scope appropriate of the negligent person’s liability? Are there any defences available for Philip or 2ZW? Relevant law: Elements of negligence action need to be satisfied on the balance of probabilities: In personal injury case‚ duty of care exists if harm is reasonably foreseeable and reasonable
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TORTS EXAM 2 STUDY GUIDE NEGLIGENCE • Negligence: The failure of individuals to appreciate the risks caused by their conduct. • Synonymous with carelessness did not intend to cause harm to Plaintiff • To determine whether negligence exists‚ must ask: 1. Was the Defendant’s conduct unreasonable? 2. Did the Defendant cause the Plaintiff’s injury? Elements of Negligence: 1. Duty by the Defendant to the Plaintiff 2. Defendant breached the duty of reasonable care 3. Defendant’s actions were
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responsibility if the accident happened in their area or property. Additionally‚ the Plaintiff also negligence in their action lead to the damage so they also have a duty to themselves.If Plaintiff contributed in some way to their own loss or injury‚ liability will be appropriated between defendant and the plaintiff (Ingram v Britten) Application: Did the Henri also do something negligence? Yes‚ when Henri finished the second slides he thought that he was okay and still want to take another slide‚ that
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privileged thereby.’ In the modern age‚ the increasing amount of crimes being committed while one is intoxicated has resulted in the law tightening the scope on the issue. It has created rules to attempt to strike a balance between imposing criminal liability on the accused that had no mens rea‚ while trying to protect the public from those who deliberately took something to put them in a condition where they could not control their actions. Public policy is a strong factor in determining whether the
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Contract and Negligence for Business The aim of this brief article is to set out some key aspects of contract and the tort of negligence using the following headings: • The relationship between the parties • The nature of the obligation • Causation and remoteness of damage • The measure of damages. Using the same headings should remind you of the key aspects of each of the two areas in such a way that you are less likely to confuse them. (The words ‘contract’ and ‘negligence’ are deliberately
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since they are incapable of comprehension. Restatement 3d Section 10. Mental Deficiency – Restatement 2d Section 283B • Unless the actor is a child with mental deficiency‚ insanity or other mental deficiencies do not relieve the actor from liability of not conforming to the standard of a reasonable man in like circumstances. Why? Hard to measure; hard to verify; not entirely obvious or visible to a third party. However‚ if it is a child who is mentally deficient‚ then you can raise the deficiency
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of the herbicide spraying one day before it took place‚ this clearly demonstrates that for Spud the damage was foreseeable: Crimmins v Stevedoring Industry Finance Committe (1999) 200 CLR 1. In addition‚ there is no indeterminancy of liability that is the liability can be determined as well as the time and class‚ and the conduct adopted by Spud does not legitimately protect his business or social interests. Furthermore‚ the fact that Tommy is an organic farmer places him under significant vulnerability
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Meeking [2012] EWCA Crim 641) In this case the appellant was convicted of involuntary manslaughter of her husband on the basis of the unlawful act was endangering road users contrary to the (Road Traffic Act 1998‚ s.22A (1)(b) . A.R of homicide/causation In this scenario it is clear that the killings were not voluntary his only intention was to scare off Pete as he said in police statement .Before the AR of either offence can be
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