Tort Law Continued.docx

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31 Jan 2013

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Tort Law Continued.
-have to establish duty of care
-if they can demonstrate product injured them
-have to be warning on product
-ongoing duty
-car recall, ongoing problem, have to warn public
-drug packing tells you all the side effects and warnings
-owner not party in control always
-lease has obligation
-slip and fall rule
-ought to place warnings
-must act in such a way to disregard possibility of trespasser
-can’t leave things that could potentially be dangerous
-accountants, higher standard, have knowledge and skills
-most of the professions are governed
-they set the standards
-aware of conflict of interest, and full disclosure to clients
-parent and child example
-child has no control over own lives, dependant on parents for everything
-completely trusting of parents care for them
-a “trust” special type of relationship, 3 parties: trustee, donor, beneficiary
-assign a trustee who is the legal owner but only thing maintain property for other person
-has obligation maintain it
-established a couple of principles
-plaintiff lost case
-negligent representation
-need newspaper ad space
-hedley byrne on hook for the money
-ask for credit rating
-shortly after company goes bankrupt
-sued Heller and Partners, made a statement that was not true
-caused them a loss
-no relationship between the two
-tort of negligent misrepresentation
-can cross boundaries
-just a statement, can be oral or written
-has to be untrue
-audited statements
-shareholders relied on statements, they were a misrepresentation
-made investment decisions based on them
-limit scope
-not real common
-uttering threats is unlawful
-breach of statue
-someone’s governed by statue and breach any of statues trying to interfere, that’s sufficient
-pepsi produces ad, which says coke tastes like crap
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