Law 2101 Study Guide - Quiz Guide: Breach (Security Exploit), Special Relationship, Limitation Act 1980
Document Summary
When do we have tort: protected interest, fault, harm caused. Neighbour principle reasonable care to avoid acts or omissions that you. Three stage test was there a duty of care? can reasonably foresee would be likely to injure your neighbour. Three-fold test: harm was reasonably foreseeable, parties are closely & directly affected, fair, just & reasonable to impose a duty. Remoteness harm is so far, removed from the wrongdoing that the wrongdoer should not be legally liable. Actual damage (recoverable: property damage, physical injury/illness. Pure economic loss (unrecoverable): potential profits lost, spartan steel v martin. Hedley byrne & co ltd v heller & partners ltd. Defences: no duty of care established, no breach proven, no recoverable loss caused. Ucta: unfair contract terms act 1977, contract on standard terms, a clause in those terms, excludes liability for death or injury, unreasonably excludes other losses, then, Battery/injury intentional direct application of force. No consent to receive extreme injuries red card.
