CLAW1001 Study Guide - Final Guide: Misrepresentation, Vicarious Liability
Document Summary
The social utility of the activity that creates the risk of harm. March v e m stramare pty ltd (1991) - . Remoteness: if the damage suffered by the plaintiff is too remote or fr-fetched, it will not be recoverable. Employers are vicariously liable for the torts committed by employees acting within the scope of their employment. Hedley byrne & co ltd v heller & partners ltd [1964] - a duty of acre could arise from a special relationship. Economic loss caused by negligent misstatement is recoverable where: a special relationship exists between parties, the defendant accepted responsibility in the circumstances of the advice, the plaintiff relied upon the misrepresentation. Mlc vevatt [1968: a two step test" in determining whether a duty of care is owed. * the circumstances must be such that it is reasonable in all circumstances for the recipient to seek, or to accept, and to rely on the utterance of the speaker.
