BLAW212 TEST WITH 100% CORRECT ANSWERS GRADED A+
Skilled Person: Business context - Answer-Special skill or knowledge Don't need to be a professional
Given in a professional/business capacity
Knowledge Test - Answer-Relationship exists where
- Advice required for a purpose made known at time...
BLAW212 TEST WITH 100%
CORRECT ANSWERS GRADED A+
Skilled Person: Business context - Answer-Special skill or knowledge
Don't need to be a professional
Given in a professional/business capacity
Knowledge Test - Answer-Relationship exists where
- Advice required for a purpose made known at time given
- Advisor knows advice will be communicated to advisee & used for that purpose
- Known the advice is likely to be acted on for that purpose w/o independent inquiry
- Acted upon to advisee's detriment
Vicarious Liability - Answer-A is liable for B's actions
Concurrent liability - Answer-both A & B liable for B's actions
Policy Justification - Answer-Protection of innocent 3rd parties
- employer/principal bear both benefit & loss caused by employers/agents
Test: Employee or Independent Contractor - Answer-Intention Test: What the parties
intended.
Control v Independence Test: Does A have the right to tell B what to do and how to do
it?
The Integration Test: How integrated is B into A's organisation? Does A organise the
overall pattern of work (details may be left to B)?
The Fundamental/Economic Reality Test: Who takes the financial risks? (the costs of
equipment/machinery, the risk of non-payment)?
Remedies - Answer-Compensatory Damages
- purpose = compensation
- once and for all payment
- future loss must be calc.
Trying to identify loss & calc. payment designed to compensate for that loss. Also
general damages also compensation but for extra difficulties encountered, emotional
etc.
Quantum of Damage - Answer-Aim is to put the plaintiff into the position they would
have been in if the tort had not been committed in the first place
Land & Buildings (value-based vs restoration/assessment)
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