BLAW 101 Lecture Notes - Lecture 18: Santa Barbara City College, Misrepresentation, Contributory Negligence
Document Summary
Breach of duty (foreseeable risk, reasonable response) Defences (contributory negligence, voluntary assumption of risk. Broader policy considerations when a new situation arises- salient features. Steps remain the same, the elements vary. Duty of care- more than reasonable foreseeability is needed- special relationship. Breach of duty wants to know if they should do business with easipower. Hb asks heller is easipower is credit worthy, but say they should do their own research. Heller is not liable for the negligent advice it gave to hb that caused pure economic loss, as their was disclamation of advice- can"t rely on information as it is not reliable. To succeed the plaintiff must prove that there was a special relationship based on. 1) an assumption of responsibility by the defendant adviser and. Advice is on a serious matter or business matter. The adviser should have realized he or she was being relied on. An assumption of responsibility by the defendant adviser.
