Tort of Negligence Template.docx - Tort of Negligence In this case can(P sue(D under the tort of negligence and claim for damages For the tort of

Tort of Negligence Template.docx - Tort of Negligence In...

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Tort of Negligence In this case, can _____ (P) sue _____ (D) under the tort of negligence and claim for damages. For the tort of negligence to arise, 3 elements must be satisfied. (1) Duty of care owed by the (D) to the (P). (2) (D) breached the duty of care. (3) Harm, damage or loss suffered by the (P) that arise from the causal relationship by the defendant’s breach of duty. (4) The damage, harm or loss suffered should also not be too remote. 1. Duty of care The first legal issue is to determine if ____(D) owed ____(P) a duty of care. Applying the case of Spandeck Engineering (S) Pte Ltd v DSTA (2007) , there are 3 elements to be fulfilled in establishing the duty of care: [SPANDECK TEST] (1) The threshold test of factual foreseeability , it was foreseeable that the defendant’s actions or omissions could cause damage to the plaintiff and the test would always satisfied in every case. In this case, it was factually foreseeable that _______. (2) Relationship of Proximity To establish this requirement, there must firstly have been an assumption of responsibility by the defendants to act with reasonable care and the plaintiff must have reasonably relied or depended on the defendant’s actions and the defendants knew or ought to have known this. Applying to the facts of this case, ______. 1. Physical proximity in the sense of space and time between the person or property of the ____(P) and ____(D). 2. Circumstantial proximity such as an overriding r/s of employer/employee or of professional/client. - According to the case of Caparo Industries Ltd v Dickman (1990): Court held there was a need to determine if a close relationship exists between the parties. It exists if: The defendant knew or ought to have known the purpose for which the statement/advice was required That the statement will be communicated to the advisee That the advisee is likely to act upon it for that purpose without independent inquiry It was so acted upon to the advisee’s detriment It was reasonable for the advisee to so rely on the statement [Special Relationship] According to the case of Hedley Byrne v Heller (1964 ): The court held that a duty of care arises if there is a “special relationship” founded on: The skill & expertise of the statement maker The maker knows/ought to know the other person will rely on the statement Defendant’s voluntary assumption of responsibility 3. Causal proximity such as closeness or directness of the causal connection or relationship between the act and conduct and the loss or injury sustained.
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4. Voluntary assumption and reliance also fulfill the proximity element 1. It may reflect an assumption of responsibility by ____(D) to take care to avoid or prevent injury/loss/damage to ____(P) person/property or 2. Reliance by ____(P) upon such care being taken by ____(D) in circumstances where ____(D) (ought to) know of ____(P’s) reliance .
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