DRAFT: NOT FOR CITATION WITHOUT THE PERMISSION OF THE AUTHOR. PURE ECONOMIC LOSS: THE PROBLEM OF TIMING Robert Walker Occasionally the English Court of Appeal has cited to it a decision of the Supreme Court (or‚ until recently‚ the House of Lords) which it finds almost completely incomprehensible. It has a tactful way of signalling this. It does so by taking the unusual course of itself granting permission to appeal‚ rather than leaving it to the higher court to decide. The clear message
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Economic loss Negligence covers a broad range of scenarios. Trespass to the person is actionable per se. The mere fact that your rights have been infringed means that you can sue. In negligence this is not the case. It needs to be shown that you have suffered damages. The damages in negligence can be economic loss. In Caparo the three stage test‚ Lord Bridge stated: “It is never sufficient to ask simply whether A owes B a duty of care. It is always necessary to determine the scope of the duty by
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Economic Loss Economic loss suffered by the C will be regarded as pure if they do not flow from any personal injury to the C nor form any physical damage to their property. The boundaries between pure economic loss and loss which is consequential upon physical damage to the C’s property were investigated by the CoA in Spartan Steel v Martin (1973) QB 27 Like psychiatric injury‚ pure economic loss is often described as a problematic form of damage. Although floodgates arguments are sometimes encountered
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An example of a pure competition is a Kansas wheat farm. You can figure a wheat farm because a pure competition has a very distinguished amount of firms. They usually also have a standardized product. The biggest reason a Kansas wheat farm is a pure competitor is because they are a price taker with no control over the actual price. Pure competitors have little competition as well. An example of oligopoly is the steel industry. This is because an oligopoly has a small amount of firms. They have
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Grade: A University of London LLB‚ 2nd year Tort Law Question Amber Valley Primary School was closed 6 months ago by Amber Borough Council (ABC)‚ the local education authority‚ which owns all the land and buildings. The school has been standing empty while ABC attempts to find a buyer for the site. Although ABC placed fencing around the site‚ local residents reported that youths had broken into the site on a number of occasions. Last week a group of youths from a nearby young offenders
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TORT LAW REVISION GUIDE: LLB/LLM PROGRAMME 2014 General Guidance All topics covered on the Tort module are potential examination topics. This revision guide covers only those potential examination topics deemed core areas of knowledge in tort law. All students‚ whether studying toward the LLB or LLM‚ must have full command of these core topics for any assessment in tort law. Unless these notes expressly state otherwise‚ students can expect core examination topics to appear in either essay
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book) What is a Tort? You mean a tart? Like a caramel tart? Torts are common law causes of action. A tort is a wrongdoing that results in injury to another person or damage to property. Torts differ from crimes in that crimes are punishable by the state in criminal court‚ whereas torts generally allow individuals to seek compensation for their injuries in civil court. Some acts can be both a tort and a crime. For instance‚ threatening to seriously injure someone is‚ in tort law‚ an assault;
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A civil wrong other than a breach of contract. Tort usually refers to the causing of damage to property or to a person’s reputation‚ or harm to a person’s commercial interests. Wrongful act‚ other than a breach of contract‚ that injures another and for which the law permits a civil (noncriminal) action to be brought. Relief may be obtained in the form of damages or an injunction. The term derives from Latin tortum‚ meaning something twisted‚ wrung‚ or crooked The body of the law which allows
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injuries or wrongful acts are called tort. Tort is the area of law where in response to a private or civil wrong or injury the courts provide the remedy of allowing a lawsuit for those wrongs‚ injuries or damages. Thus‚ the goal of tort is to restore the victim to business or individual’s former condition. So‚ if a individual or business is injured by an act or situation‚ the victim can restore his position by the help of tort law. What is Tort? The term ‘tort’ is the French equivalent of the
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Facebook.com/Thaya PK (Last minute Exam Revision) Tort: Negligence: MEDICAL Prima facie duty owed by the Hospital/Doctor to patient Cassidy v Ministry of Health (Vicariously liable) BREACH via Standard of Care Wilsher v Essex Experience irrelevant as a doctor; trainee or not‚ same standard “Bolam Test” Bolam v Friern Management Hospital Committee Expert opinion/body of professional opinion‚ vice-versa test Level of skill and competency Bolitho v City of hackney Health Authority Applied Bolam
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