Introduction
Tort is a civil wrong actionable for damages
Classified into Intentional Tort, Strict Liability or Negligent Tort
Intentional Tort
Tort done intentionally
Trespass to person
Trespass to goods
Trespass to property
NEGLIGENCE
Is a TortNeed to prove 3 elements:-
Duty of Care
Breach of Duty
Causation
Duty of care
Is determined primarily by the “Neighborhood test”
Case : Donoghue v Stevenson (1932)
Some special cases:
Negligent statements
Nervous shock
Negligent Statements
Need for special relationship
Reasonable reliance – factors
-Paid advice
-Business of giving advice
-Disclaimer
Cases :
Hedley Byrne v Heller & Partners
Esso Petroleum v Marden
Caparo Industries v Dickman
Nervous Shock
Must be a recognizable psychiatric illness
Conditions for claim:-
Witnessed the accident or immediate aftermath
Own unaided senses
Close relationship
Cases:
McLoughlin v Obrien
Alcock v CC South Yorkshire
Breach of Duty
Reasonableness
Level of Skill (Wells v Copper)
Likelihood (Bolton v Stone)
Seriousness (Paris v Stepney BC)
Cost (Latimer v AEC)
Res Ipsa Loquitor
Causation
In Fact – “But For Test”
Barnet v Chelsea & Kensington Hospital
In Law – “Remoteness”
The Wagon Mound
Damages in Tort
Special Damages
Medical Expenses
Personal Belongings
Loss of Income
General Damages
Pain
Future Loss
Loss of Amenities
Future Medical
Conclusion - Negligence
You need to understand the elements required for the tort to be established
You need to analyze the element of fault
Dear Mr Yeo,
ReplyDeleteMay I know if the questions about Prakesh (MP3 player Issues) and the questions on negligence (milk spilled on the floor in the supermarket) you went through in 22 Apr was uploaded on the blog? I could not locate it.
Regards,
Student(marketing)
Hi Sir,
ReplyDeletei got some doubts to clear about law regarding to Minors. on page 143 of textbook, 6-203b, it states that a proposal was made in 2008 to reduce e age of contractual capacity from 21years to 18years in singapore. Later in e paragraph, it states that there was an amendent act, and it was not to lower the age of majority across the board, but to give minors contractual capacity in ' certain commercial activities'. and 2 new sections were added to give to contracts entered into by minors who have attained the age of 18years he same effect as if they were contracts entered into by persons of full age.
So, my questions are,
-what is the 'minor' age in singapore?
-how does the new law ss 35 n ss 36 help them?
-in what situation will a contract be enforceable if it is signed by a minor?
thanks :)
Dear Mr. Keong,
ReplyDeleteIn the question 2 from tutorial 2 of Introduction to the Law of Investment and Financial Services, it's asking about the IMPACT of the financial services reform legislation on the investment advisory function. I'm getting confused with it and don't know which part of chapter 3 in Law text book I should look for.
Could you please tell me that?
Thanks in advance.