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Torts Answer Guide

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Negligence Duty of care in novel fact situations Non-delegable duties of care Vicarious Liability Breach of Statutory Duty Assessment of Damages in Personal Injuries Actions and Wrongful Death Private Nuisance

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38 Pages Complete Study Notes > 2 Years old
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Topics this document covers:
Law Tort law English tort law Delict Negligence Caparo Industries plc v Dickman Tort Duty of care Hedley Byrne & Co Ltd v Heller & Partners Ltd Causation Law of agency Ultramares Corp. v. Touche
This is a Complete Set of Study Notes

Complete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics.

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Topics this document covers:
Law Tort law English tort law Delict Negligence Caparo Industries plc v Dickman Tort Duty of care Hedley Byrne & Co Ltd v Heller & Partners Ltd Causation Law of agency Ultramares Corp. v. Touche
Sample Text:
Relationship (Employee/ employer) a. Multi-facet test (Stevens v Brodribbi) i. Degree of control- employer has over employee ii. Remuneration (payment)- how person is being paid iii. Holidays iv. Tax- before or after tax v. Equipment- are they being provided with equipment Who is maintaining it vi. Hours of work vii. Do they choose to work viii. Delegation of work b. Hollis v Vabu- was employee/ employer relationship (courier) c. Sweeny v Boylan- independent contractor (mechanic) 2. Tort Committed a. Need to establish tort was committed b. On facts c. Or go through facts and prove tort 3. Course of Employment a. Question of fact (Bugge v Brown) b. Frolic doctrine (Storey v Ashton- major detour in course of employment- look at extent of deviation- outs...
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