Intentional conduct – deliberately harming others.
Negligent conduct – deliberately slandering others.
Negligent acts or omissions – fail to do something that results in harming the other person. Eg careless driving. Negligent misstatements – wrong advice or information.
Negligence – failure to take reasonable care, by causing damage to other party. Duty of care – legal duty is essential. Case on pg 498. A is not feeling well. B gets drink for A. there is no privity of contract between the seller and the sick person. A drank it and drink was decomposed and she became very ill. Retailer says he did not make the drink, cannot sue him. A decided to sue the manufacturer in negligence and succeeds. This case is foundation of product liability. Neighbour principle stems from them.. eg if u r a highway, the other roads are your neighbours. Someone drowning in pool, do you owe a duty of care? No you are not a life guard. Although it appears sinful. Doctor owes duty to a patient, not to his family.
Page 503 case… sets down the requirements of duty of care. 2 stage test. This is normally satisfied, factual foreseeability. You should know by your action that you will cause damage. Page 502 case man mohan singh… concerns accident involving 2 children who died in a car driven by defendant (culprit). He ran away. Zurich insurance handled the case. The singhs claimed many things, both children died, so they wanted to have more children by fertility and tests all failed and became an expense. Zurich ins must pay to the singhs. Judge said the tests are not foreseeable. 2nd test is proximity, how are you connected with the parties, what is your relationship with the party (eg manufacturer and consumer, doctor and patient). Prima facie duty of care would arise. Does policy cancel the duty? No. Policy will cancel the duty if there are indefinite number of claimants (unlimited claims), you open the flood gates to litigation(everybody can sue). Page 515 case. Eg – child...
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