Lecture 8 BFA601 Semester 1 2018.pptx

Negligence negligence reforms 155 cont 2014 reed

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NEGLIGENCE Negligence Reforms (1.55) cont.
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis Amend Competition and Consumer Act 2010 (Cth) to prevent claims for damages for personal injury of death caused by breaches of the CCA; set a statutory cap on general damages for claims for personal injury and death; set a maximum amount for loss of earnings; limit claims for economic loss; and restrict advertising of personal injury legal services to factual matters. NEGLIGENCE Negligence Reforms (1.55) cont. NEGLIGENCE Negligence Reforms (1.55) cont.
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis Trespass to land Private and public nuisance Trespass to person False imprisonment Trespass to goods Trespass to airspace Detinue Conversion NEGLIGENCE Other types of torts (1.56) NEGLIGENCE Other types of torts (1.56)
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis If Information is conveyed in confidence to one party (Confider) to another (Confidant), on the express or implied understanding that the information is for a restricted purpose: this creates a confidential relationship It is the confidant's obligation to keep the information confidential and a failure to do so is referred to as 'Breach of Confidence'. The Courts will restrain a confidant or hold them accountable for any breach of confidence : NEGLIGENCE Breach of confidence NEGLIGENCE Breach of confidence
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis The accepted approach in Australia to an action for breach of confidence is to determine whether: a) the information is confidential b) the information was imparted in circumstances importing an obligation of confidence; and c) there has been an unauthorised use or threatened use of the information. NEGLIGENCE Breach of confidence NEGLIGENCE Breach of confidence
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis Fraud or wilful misrepresentation, otherwise referred to as fraud or deceit involves: Making some statement, or words to the effect that the statement is false; A false statement relating to present or past facts. A statement which is known to be untrue, or is carelessly made irrespective of whether it is true or not; NEGLIGENCE Fraud (1.56) NEGLIGENCE Fraud (1.56)
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis The intention that another person will act on the misrepresentation — that the other party enters into a contract or performs some act relying on the statement made to them. The other person acting on that representation. A financial loss by the person acting on the misrepresentation NEGLIGENCE Fraud (1.56) NEGLIGENCE Fraud (1.56)
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis An agent is a ‘person’ who is authorised to create or establish legal relations as an intermediary between a principal and a third party, leaving the principal in a binding legal relationship with the third party.
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  • '17
  • Reed International Books, International Books Australia, Books Australia Pty, Pty Limited trading, Reed International Books Australia Pty Limited

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