Premium Essay

Law of Torts

In: Business and Management

Submitted By Love1995
Words 1916
Pages 8
STAGE ONE: IDENTIFICATION OF THE ISSUES APPARENT
I have been asked to advise my client as to his/her prospect regarding. The relevant material facts contained in the excerpt provided include………

From initial viewing of the hypothetical facts I propose that there are numerous legal issues contained:

STAGE 2: IDENTIFICATION AND EXPLANATION OF THE APPLICABLE LEGAL RULES

I assert that the relevant rules that apply are found in the law of torts(with specific identification to the tort of negligence, a tort that emerged as of primary importance as per the landmark decision in the House of Lords in Donoghue v Stevenson (1932) AC 562.) and statutory provisions of the Civil Liability Act 2002 (WA) which have been enacted to either clarify or modify the common law rules that determine liability for negligence. As a broadly conceived scope, the underlying principle of negligence is that a defendant may be liable in a wide range of circumstances for failure to take reasonable care which causes harm to a plaintiff’ protected interests.

Now, wrongful or careless behaviour is not always actionable in negligence. The defendant will only be liable if the plaintiff can prove that three essential requirements are satisfied:

Three essential requirements that must be satisfied in order to establish liability in negligence: (a) That the defendant owed the plaintiff a duty of care * Pre – existing relationship will create a duty of care. OR * “Neighbour principle” from Donoghue v Stevenson- Reasonable foreseeability test, and * Salient Features
If pure economic loss (negligence misstatement framework): extra criteria required * Reliance criteria: * Reliance? – Did the defendant know or ought to have known that they were being relied upon * Was it reasonable for the plaintiff to rely on the statement made * Was there actual

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