Philosophy 2080 Study Guide - Abdominal Pain, Nervous Shock In English Law, Black Letter Law

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Lecture 7
Mustafa – Had been using Culligan water dispensers in his home
and at work.
-Was changing the bottle at home when noticed a fly in the bottle
-His wife vomited and felt abdominal pain
-He vomited later and also felt abdominal pain
-He claimed he suffered from many psychological ailments
-Are the ailments possible/reasonable
-If there is potential for physical harm, then there need not be any
reasonable ‘foreseeability’ for nervous shock
-Must always come back to duty of care
-always a duty of care to foreseeable plaintiff
-Mustafa’s reaction was found to be quite odd
-There was a duty of care and standard of care both of which were
breached but not towards this specific plaintiff
-Mustafa’s reaction was too unlikely to be a foreseeable plaintiff
-Not foreseeable that injury would result from this
-Thin skull rule applies – take your victim as you find them – but
only taken into account after liability is found
Review
Steps for duty of care ***
1. Duty of Care
2. Standard of Care
3. Breach of Standard
a) Likelihood of injury
b) Likely Severity of Injury
c) Cost of Avoidance
d) Social Utility of the Conduct
4. Causation
5. Damages or injury
Questions on Weinrib essay
Read and brief cases – gather facts and issues of cases
Compensatory damages – make whole, compensate
Non-compensatory damages – punitive damages
Contract Law
-Every right you have is granted by law
-Black letter law – something written down
-Is no law unless it is written by a recognized body – positivism
-Implied, verbal and written agreement
-Formal contracts must be in writing
-ex. Land contracts, some employment contracts
1. Intention to create ‘legal’ relations
2. Offer – made by offeror
3. Acceptance – must be communicated by offeree
4. Consideration – thing of value, (worth trading), benefit given,
detriment suffered
5. Capacity – Legal, mental, physical, age
6. Legality – law will not endorse certain contracts
-surrogate parenting, sexual
Unilateral offer – no acceptance communication necessary