Student Learning Guide Week 10

Student Learning Guide Week 10 - BTC 1110 Business Law Week...

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BTC 1110 Business Law Week 10 Student Learning Guide A reminder that our study of the law of negligence is spread over two weeks. The first part, in week 9, examined the duty of care (in relation to actions causing physical loss) breach of the duty and damage). The second part, dealing with ‘pure economic loss’ (resulting from negligent words and actions), will be studied this week, in Week 10. (NB The law of agency will be merged with the Law of Partnership and studied in week 11). Learning Outcomes At the end of week 10 students should have an understanding of the following: 1. The duty of care in cases of pure economic loss – the cases to read: a. Pure economic loss resulting from actions: Perre v Apand (CACL 14.185) b. Pure economic loss resulting from words: b.i. Ultra Mares v Touche (CACL 14.265) b.ii. Hedley Byrne v Heller (CACL 14.267 – 14.270) b.iii. MLC v Evatt (for the idea of the ‘special relationship’ (CACL
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Unformatted text preview: 14.280) b.iv. Shaddock v Parramatta CC (CACL 14.290) b.v. San Sebastian v Minister (CACL 14.300-14.310concept of a tort and the similarities and differences between a tort, a contract and a crime (See CACL 14.10-30) b.vi. Esanda v PMH (CACL 14.335) 2. Breach of the duty of care a. Traditional exposition – reasonable standard test (the Wyong factors not relevant to pure economic loss cases) b. The legislation: Wrongs Act ss59-60 …used as a defence 3. Damage a. Causation b. Remoteness (CACL 14.500 – 14.540) 4. The defences (CACL 14.560 – 14.570) 5. Case study: Bathurst Regional Council v Standard & Poors etc Preparatory Reading : Students must read the parts of CACL Chapter 14 referred to above INCLUDING THE CASES and refer to any additional material on Moodle before class . Tutorial Activities Prepare the tutorial activities referred to in the UG – Qns 3 & 4 CACL pp235-326...
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