B LAW301 Lecture Notes - Lecture 6: Reasonable Person, Breach (Security Exploit), Partial Defence
3 Apr 2017
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Definition: determines whether the defendant can be held liable for carelessly causing injury to the plaintiff (most important tort). Test for determining the existence of duty of care. Definition: if a reasonable person would have foreseen a risk of loss. Definition: somehow must be a close and direct connection between the parties. Whether the parties shared a social relationship, i. e. parent and child. Whether the parties shared a commercial relationship, i. e. bar and a drunk customer. Whether there was a direct causal connection, i. e. motorist who rams into a bridge. Whether the plaintiff relied on the fact that the defendant would act in a certain way. The need for precaution is clear with physical conduct, however, risks associated with statements are often hidden. The risk created by careless action is limited in time and space. Careless actions usually result in property damage, whereas careless statements usually result in pure economic losses.
