BTF1010 Lecture Notes - Lecture 9: Contributory Negligence, Misrepresentation, Special Relationship

• School: Monash University
• Department: Business - BTF
• Course: BTF1010
• Professor: Professor

Document Summary

Btf1010 week 9 lecture torts (professional negligence: review of ordinary negligence, ordinary negligence: torts generally, torts as civil wrongs and setting standards of behaviour, no transaction required (eg. donoghue v stevenson) A mixture of common law and statutory law: our focus acts causing physical injury (personal injury and property damage) and negligent professional advice. Breach of duty (foreseeable risk, reasonable response) Defences (contributory negligence, voluntary assumption of risk) Btf1010 week 9 lecture torts (professional negligence: ordinary negligence: ordinary tort elements [fig. Duty of care we need (cid:373)ore tha(cid:374) (cid:858)reaso(cid:374)able foreseeability(cid:859) u(cid:374)de(cid:396) the (cid:858)(cid:374)eigh(cid:271)ou(cid:396)(cid:859) test from donoghue v stevenson. Breach (step 2) the four factors are a poor fit here, instead use professional. Causation (remoteness and defences are the same as last week) The reason was summed up in 1931 in ultramares v touche (cacl 14. 180) where. The law adjusted to address this issue. [14. 295: to succeed the plaintiff must prove that there was a special relationship based on.