BTC1110 Study Guide - Fide, Undue Influence, Proprietary Company
5 Nov 2013
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What are the consequences if the cause of action is made out: how could they get this, think about the law: For example, breach of contract requires a contract and a breach; negligence requires a duty of care, breach of the applicable standard of care and resulting harm. What are the consequences of the cause of action being made out in this case: connect the facts to the law that you need to solve the problem. Reduce the uncertainty, and to show how a court would approach this case and what their options would be. Duty of care: people who you owe responsibility to. Standard of care: actions that are expected to be carried out by a reasonable person. Neighbour vicinity: people who will be directly affected by my actions. Objective test: has the defendant acted reasonably in providing information. Ta hoe ma pty ltd v allen reasonable reliance.
