LAWS1061 Chapter 2: _LAWS1061 - Torts. (1)
Document Summary
Such a duty requires more than the usual reasonable foreseeability, and is established according to the following considerations, depending on the respective scenario: If the economic loss was the result of a negligent statement, the court considers the following salient features: reasonable reliance - this is broken down into two parts: Reliance - the plaintiff was acting reasonably when he decided to rely on the defendant"s words (a plaintiff can"t recover damages for loss suffered as a result of unreasonable reliance on any remark). If the economic loss was the result of a negligent act or omission, the court considers the following salient features: reasonable foreseeability . 2: burden on commercial activity , vulnerability of the plaintiff. Liability is indeterminate only when it cannot be realistically calculated. A plaintiff is vulnerable if he was unable of taking reasonable steps to protect himself from the negligent act.
