BLAW212 STUDY GUIDE QUESTIONS WITH REVISED AND UPDATED ANSWERS
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Course
BLAW212
Institution
BLAW212
BLAW212 STUDY GUIDE QUESTIONS WITH REVISED AND UPDATED ANSWERS
But for test - Answer-- defendants conduct caused the plaintiff's harm IF the harm would not have occurred BUT FOR the defendants conduct
a. defendants conduct not a cause of the harm if the harm to the plaintiff would have occurred ...
BLAW212 STUDY GUIDE QUESTIONS
WITH REVISED AND UPDATED
ANSWERS
But for test - Answer-- defendants conduct caused the plaintiff's harm IF the harm would
not have occurred BUT FOR the defendants conduct
a. defendants conduct not a cause of the harm if the harm to the plaintiff would have
occurred any way
b. multiple causes
but for divisible and indivisible - Answer-divisible- is it possible to seperate the causes of
the loss
Indivisible- impossible to link particular actions to particular loss
What is a negligent misstatement - Answer-negligent statement of fact or opinion
including reliance by another and resulting in him/her suffering los
main difference for negligence vs negligent mistatement - Answer-misstatements are a
lot narrower duty of care
as it is easer to says things than do
policy for negligent mistatement - Answer-- less careful with words than actions
-"off the cuff" advice
- appropriate standard of case
almost limitless range of plaintiffs
- might undermine contracts
- causation issues (reliance )
duty: special relationship - Answer-skilled person acting in a business context gives
advice directly to another, knowing the specific purpose for which the information is
required and that the person will rely on the information
knowledge- a relationship exists where: - Answer-1. advice required for a purpose made
known (actually or inferentially) at time advice is given
2. advisor knows advice will be communicate to advisee and used for that purpose
3. known the advice is likely to be acted on for that purpose without independent inquiry
4. It is acted upon to advisee's detriment
, remedies-compensatory damages - Answer--purpose=
compensation
- "once and for all payment"
- future loss must be alculate
- not a lotto win
- compensation for loss you have suffered
calculated on - Answer-can be on likely hood/chance
if you contributed then compensation decreases
Quantum of damage - Answer-the aim: to put the plaintiff in the position they would
have been in if the tort has never been committed
land and buildings-
two methods
-value based
-restoration based
court choses measure depending on use and intention:
sell for capital gain- value based
continue existing use- restoration
Quantum of damage- chattels - Answer-written off: sum that represent that value of the
chattel to someone in P's position
betterment - Answer-repaired/ replaced asset wi more/works better than the damaged
one
-likely to allow for betterment with allowance for disadvantage to plaintiff from
involuntary spending
-defendant must approve betterment
economic loss - Answer--economic loss consequent on damage to property is
recoverable
- loss of a chance/right to compete
duty to mitigate loss - Answer-- Plaintiff has a duty to take steps to lessen the loss
suffered
- P need only take reasonable steps
- where steps to mitigate are reasonable, mitigation costs will be receivable from
- to reduce damages payable, D must prove: P could have mitigate loss or steps P took
to mitigate were in adequate
other types of damages - Answer-exemplary damages:
-punish or deter
- d acted with total contempt or contumelious disregard for P's intersts
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