2. 外语
  3. Write short notes on: (a) What must the plaintiff prove in order to succeed in mi action of negligence? (b) Explain the defences

Write short notes on: (a) What must the plaintiff prove in order to succeed in mi action of negligence? (b) Explain the defences

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问题 Write short notes on:
(a) What must the plaintiff prove in order to succeed in mi action of negligence?
(b) Explain the defences available to the defendant in an action based on tort.
(c) Explain the rule established in Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. (1964)
选项
答案(a) As an independent and specific tort, negligence measures behaviour against an objective standard. The plaintiff must prove that: the defendant owed him a legal duty of care; the defendant was in a breach of that duty; and he has a suffered damage as a result of that breach. (b) Defendant’s defences Even if the plaintiff can prove all three elements of negligence, the defendant can establish defences to the plaintiff’s claim contributory negligence voluntary assumption of risk on the part of the plaintiff the damage suffered by the plaintiff is too remote. (c) Hedley Byrne & Ltd. v. Heller & Partners Ltd., 1964 It was held in the case that liability would attach for negligent statements, resulting in financial loss to the plaintiff, so long as certain conditions are satisfied. These conditions are: the plaintiff must rely on the advice sought by him, and given by defendant; the defendant is aware of the plaintiff’s reliance on his advice; the circumstances must be such that plaintiff’s reliance is reasonable. The advice is given by professional advisers such as accountants, bankers, investment advisers, etc. It is important to note that mere knowledge that the plaintiff will rely on the defendant’s advice or information is not sufficient; what matters is whether the defendant knows that the plaintiff will rely on the defendant’s advice or information for use in the plaintiff’s transaction in contemplation.
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