OLD Commercial Law Cheatsheet.pdf

OLD Commercial Law Cheatsheet.pdf - Negligence Issue The...

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Issue: The legal issue is whether [D] is liable for negligence for [Physical injury] , [Psychological injury] , [Pure economic loss] , [Negligent misstatement] to [P]. Rule: To have a successful claim for defendant’s negligence, the plaintiff must prove all four elements : Duty of care, breach of duty of care, causation, and remoteness . Application: (1) DUTY OF CARE Issue: The legal issue is whether [D] owed [P] a duty of care (DOC) for _____. Rule, Application and Conclusion: (for each specific case) Case 1: Pure physical injuries R: The rule is Lord Atkin’s Neighbour test which says that when the defendant (D) did a careless act, it was reasonably foreseeable (RF) that the type of people like the plaintiff (P) would be closely and directly affected . (Donoghue v. Stevenson) A : Here, when [D] carelessly______([D] ’s action), it was RF that harm to [P] could result because ______. Also, [D] was a __(1)__ so he owed a DOC to __(1)__. [P] was a_____. (1) Drivers Other drivers, passengers, pedestrians, owners of buildings next to the street. Manufacturers Customers (Donoghue v. Stevenson) Owners of property People entering into their property. Professionals (doctor, lawyers, architects, etc.) Their clients. IF THERE’S 3 RD PARTY FAILURE TO ACT TO PREVENT HARM. [s d ng câu Issue gi ng case physical injuries] R: The rule is Neighbour test which says that the defendant (D) owed a DOC for physical injury to the plaintiff (P) if D’s failure to act was reasonably foreseeable (RF) to harm persons like the P, and either : (a) the parties are in a relationship of reliance and dependence. OR (b) the D has control over the person or property causing the harm to the P. (Club Italia v. Ritchie). A: In this case, when [D] did not ____ ([D] ’s lack of action), it was RF that harm to [P] could result because___ In addition, we also judge: Whether the parties are in relationship of reliance and dependence (Doctor patient/ employer employee/ parents children) OR did the [D] have control over the person ( Club Italia v. Ritchie) or property causing harm (Australian Safeway stores v. Zaluzna). C: Therefore, [D] owed/ did not owe [P] a DOC for pure physical injury. Case 2: Pure psychological injuries R: Because the [P] has no physical injury, we should consider whether the [D] owes the [P] a DOC for purely psychological injury. In order for us to owe a DOC for purely psychological/mental injuries, it must have been RF that our actions could have caused someone like the plaintiff to suffer a serious mental illness; and the plaintiff must have good evidences of a serious mental illness (Mount Isa Mines Ltd v. Pusey) . A: Here, it was RF that ([D] ’s action) could cause serious mental illness to close relative of [P] because: (1) The serious mental illness is RF as a result of the [D] ’s negligence for the type of people like [P]. In this case, [P] and (tên ng b n n) have the close relationship between husband wife (Jaensch v. Coffey) , children parents (shock) (Annetts v. Australian Cattle Station Pty. Ltd) , children (shock) parents (Gifford v. Strang Patrick Stevedoring Pty. Ltd) , so she/he loves_____. Because of that, when [D] ___ ([D]
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