BLAW 212 MIDTERM EXAM QUESTIONS AND ANSWERS ALL CORRECT
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Course
BLAW 212
Institution
BLAW 212
BLAW 212 MIDTERM EXAM QUESTIONS AND ANSWERS ALL CORRECT
Breach - Answer-has the defendant breached the duty by failing to exercise the degree of care
Loss - Answer-Has the plaintiff suffered a loss. Physical damage, economic loss, or economical loss due to physical harm. Its about compensation...
BLAW 212 MIDTERM EXAM
QUESTIONS AND ANSWERS ALL
CORRECT
Breach - Answer-has the defendant breached the duty by failing to exercise the degree
of care
Loss - Answer-Has the plaintiff suffered a loss. Physical damage, economic loss, or
economical loss due to physical harm. Its about compensation and if there is no loss
then there is nothing to compensate.
Causation - Answer-Was the defendant's action a cause of the loss among the mix
possible causes, was the defendants' actions significant enough for liability to show.
If an accountant is sued for providing financial information which was intended for
someone else which caused a loss due to incorrect calculations: - Answer-Held: not
liable for negligent misstatement as they do not owe a duty of care as the financial
information provided was not intended for the person who used it and generated a loss.
Negligent misstatements - Answer-is a negligent statement of fact or opinion that is
relied on by another causing them a loss, this differs from acts as they are not
negligently acting directly, more so indirectly as their actions ultimately caused a loss.
From this the defendant is more careful with actions and less careful with words such as
"off the cuff" advice
Compensatory damages - Answer-You are compensated for the loss you have suffered
If a neighbour destroys an old rattly garage, they should be compensated for what the
old garage was worth and not a brand new one.
Relationship - Answer-Is the plaintiff a person who is reasonably foreseeable may be
harmed if care is not taken?
Proximity
Special skill and expertise - Answer-reasonable person in the circumstances of the
defendant
experts held to an expert standard if they hold them selves as experts
Company was raising money from existing shareholders and provided financial
statements to help making the decision on contributing further capital, someone who
wasn't an existing shareholder got the information and relied on it and there were some
wrong statements. do you owe them a duty of care? - Answer-Do not owe that person
duty of care because the persons that the information was prepared for was the existing
shareholders and not the person who got the information and relied on it.
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