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Torts - Free Law School Outlines
Torts - Free Law School Outlines

... Did D meet the standard of reasonable care? (B
Collins - NYU School of Law
Collins - NYU School of Law

...  Court says no way get back down payment, seller does this in order to protect self from breach.  This rule has been changed by legislation. Pinches v. Swedish Evangelical Lutheran Church.  P has K to build church. P fucks up part of church, and as soon as D realizes informs and refuses to pay.  ...
Remedies Outline
Remedies Outline

... the contemplation of the parties at the time of the contract. (Hadley v. Baxendale) v. Tort Damages1. General damages- those naturally arising from injury, non-measurable amounts like pain and suffering. 2. Special damages- pecuniary, economic loss; out of pocket provable damages ex. medical bills, ...
Levinson - NYU School of Law
Levinson - NYU School of Law

... i. E.g. lifesaver w/ 40% success rate will never be considered negligent, even though you could save four lives out of ten ii. Used in cases where we don’t know who caused the harm w/ significant probability (market share cases) 3. Difficult in restoration cases, e.g. Peevyhouse a. Should use Coasea ...
Legal terms
Legal terms

... Again, the question of whether or not I have breached my duty of care has been decided by an objective test. What would an ordinary, reasonable person do under the same circumstances? Finally, in order to firmly __negligence, the claimant must demonstrate that the negligent act of the defendant was ...
negligence: the employer`s duties
negligence: the employer`s duties

notes95
notes95

...  gave up full time job as a nurses aid  at first instance and on appeal damages were assessed based on her loss of wages minus travelling expenses  P successful in appeal to HC  the market cost, as a general rule, is the amount to which the defendant must pay as damages...in some cases the marke ...
What is tort? - WRCBusinessManagementWiki2010
What is tort? - WRCBusinessManagementWiki2010

... • he/she belonged to that class of persons whom the defendant should have regarded as being at risk though the precise loss/injury/damage actually suffered by the plaintiff may not have been foreseeable• all that is required that it was reasonably foreseeable that the class of people, of whom the pl ...
Y2K AND BEYOND -THE FUTURE OF LAW FOR PROFESSIONALS
Y2K AND BEYOND -THE FUTURE OF LAW FOR PROFESSIONALS

... Economic downturn causes claims because those who can make profits on a rising market find that they cannot do so in a falling one. The Property Market Recession or economic downturn tends to affect the property market most dramatically since it is inherently unstable. One of the factors driving pre ...
Subject 11
Subject 11

... is not just that they could have foreseen the accident. Also, a candidate should have explained that there must be a relationship between the parties to establish proximity and that there must be no policy reasons or it must be just and equitable for a duty of care to be imposed. Relevant case law c ...
1

Loss of chance in English law

Loss of chance in English law refers to a particular problem of causation, which arises in tort and contract. The law is invited to assess hypothetical outcomes, either affecting the claimant or a third party, where the defendant's breach of contract or of the duty of care for the purposes of negligence deprived the claimant of the opportunity to obtain a benefit and/or avoid a loss. For these purposes, the remedy of damages is normally intended to compensate for the claimant's loss of expectation (alternative rationales include restitution and reliance). The general rule is that while a loss of chance is compensable when the chance was something promised on a contract it is not generally so in the law of tort, where most cases thus far have been concerned with medical negligence in the public health system.
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