BU231 Lecture Notes - Lecture 1: Misrepresentation

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To be held liable for damage he did not cause. Also, a person will not be held liable for consequences of his acts that are considered to be too remote. Generally, the closer in time to the injury the more likely he is to be found to the cause of the injury. The claim was rejected because it was too long after the initial crash. Wagon mound decision (leaky oil tanker causes fire in harbor) restricted liability to damage that was reasonably foreseeable: subsequent decisions in canada have largely restored the earlier position though. Eg. a plaintiff injured in an auto collision may be compensated not only for physical injuries to herself and the car, but also for economic loss such as lost wages: two types of cases can be distinguished. Economic loss without any physical damage eg. financial loss suffered as a result of negligent misstatement can be recovered.

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