Nobody downloaded yet

Torts Law Problem - Case Study Example

Comments (0) Cite this document
Name Instructor Task Date Torts Law Problem 1 In the scenario, Cathy may seek a legal redress against MoreeRE under the tort of negligence for misrepresentation or negligent advice. The cause arises as against MoreeRE under the doctrine of vicarious liability that provides that, an agent’s action is binding upon the principle if the employee was discharging his/her duties in the course of employment…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.9% of users find it useful
Torts Law Problem
Read TextPreview

Extract of sample "Torts Law Problem"

Download file to see previous pages His actions could therefore be interpreted as being binding upon MoreeRE Company, and thus establishing liability on the company under the doctrine vicarious liability. In order to file suit under the tort of negligence successfully, Cathy has to prove that there was duty of care owed to her by MooreRE Company and because of a breach of this duty of care, she suffered loss and damage. In the English case of Donoghue vs. Stevenson,2 the duty of care was established as a fundamental requirement in any action for a tort of negligence. The court defined this duty as the fundamental duty of not undertaking an action where it is reasonably foreseeable that an act or omission would injure or bring about loss or damage to those whom it is reasonably foreseeable that an act or omission would injure or bring about loss and damage to those whom it is reasonably foreseeable that they would be affected by such an act or omission. Section 52 of the Australian Trade Practices Act 1974 provides that, “A company shall not, in trade or commerce, participate in conduct that is misrepresentative or deceptive, or is likely to mislead or deceive.” From this provision, it is arguable that MoreeRE owed Cathy a duty of care not to engage in any conduct or making of statements that could be deemed as misleading or deceptive with the aim of procuring advantage thereof. The representation made by John to Cathy was misleading and it is in the reliance of this representation that Cathy secured the sale of her house for $100,000 less than the actual market value. This can be interpreted as a direct violation of the duty of care owed to Cathy by MooreRE Corporation, and because of this, she suffered loss. It is thus arguable that MooreRE breached this duty of care once their agent made those false representations. Reliance on the representation resulting from the breach of the duty of care the corporation owed to Cathy led her to suffer loss and damage, hence completing the requirements needed for a successful claim under the tort of negligence. It is thus obvious that Cathy’s loss can be attributed directly to the breach of this duty of care that was owed to her by MooreRE Corporation. Cathy could also succeed in a claim of the tort of negligence under the tort of misrepresentation. The cause of action could arise from either fraudulent misrepresentation or innocent misrepresentation. A misrepresentation occurs when person makes a statement, on whose reliance makes another person to act upon this statement, and as result of this reliance, the party suffers loss and damage. A misrepresentation could thus be either an innocent misrepresentation or a fraudulent misrepresentation. A representation is fraudulent if the party making such a representation makes it with the intention that a party will rely on it, and such reliance will be beneficial to him. A representation, on the other hand, amounts to an innocent misrepresentation where the party making the statement is unaware of the consequences of such a representation, and the party relying on such a representation suffers loss and damage from such representation. In the scenario, John’s representation cannot be termed as a fraudulent misrepresentation as he did not have the fraudulent intention to defraud Cathy through the transaction. This is because he thought he was carrying out business for his company with the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Torts Law Problem Case Study Example | Topics and Well Written Essays - 1250 words”, n.d.)
Torts Law Problem Case Study Example | Topics and Well Written Essays - 1250 words. Retrieved from
(Torts Law Problem Case Study Example | Topics and Well Written Essays - 1250 Words)
Torts Law Problem Case Study Example | Topics and Well Written Essays - 1250 Words.
“Torts Law Problem Case Study Example | Topics and Well Written Essays - 1250 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Law of Torts

...? Law of Torts By 26, Mar Introduction Duty of care is a key element, and indeed the foundation of the tort of negligence. The modern concept of the duty of care has its roots in the case of Donoghue V Stevenson.1 In this case, Lord Atkins established that to prove the tort of negligence, the claimant has to cross 3 hurdles, that is, establish that the defendant owed him a duty of care both in law and fact, that the claimant breached the duty of care, and that as result of the breach, the claimant suffered a damage that was caused by the defendants breach (causation). Consequently, for one to establish the tort of negligence, one must establish that the other party was not only careless, but also that there existed a relationship... . But to...
12 Pages(3000 words)Coursework

English Torts Law

...?Topic:  Torts Essay Question: Does the idea of proportional liability- that the defendant pays for the chance that her negligence caused the claimant’s injury-serve justice? What is the proper scope of such idea in English Law? Where the defendant’s negligence caused the claimant’s injury - justice is equitably served when the defendant is held liable for the claimant’s injury. The defendant is required under English Torts Law on negligence to compensate the claimant by payment of damages or fine or by heeding an injunction as duly determined by the court. This should effectively deter people from being careless in the conduct of their duties. In a way this intends to enforce a standard of behaviour, to protect the life, welfare... , if,...
6 Pages(1500 words)Essay

Torts law problem

..., the Council rejected the proposal, on account of flood risk. Due to the refusal, and no other recourse left with Rhett, he had to sell his land to a local farmer at a substantial loss. Now from the facts above, it is quite clear that, there was injustice meted out to Rhett. Now, the problem that Rhett is facing has a solution in Law of Torts. Law of Torts is the field of law which deals civil harms that may be caused to a person. The concept of negligence is integral to the Law of Torts. The definition of negligence under tort law states that, “the breach of a legal...
7 Pages(1750 words)Essay

Law of Torts: Negligence

...?Law of Torts: Negligence Negligence pertains to doing or failing to do something that a reasonable person would or would not do under certain situations, which causes injury, damage, or losses to another person as a result (Keenan and Smith 2006). Any person suing for negligence is potentially seeking financial compensation for damages. The compensation is meant to put them in the position they were before the case of negligence occurred. Kelly, Hayward, Hammer and Hendy (2011) note that before a plaintiff can sue a person for damages related to negligence, there are elements that have to be proved before a court of law by the plaintiff. In this case, whether or not negligence has occurred will be a matter of satisfying... against, Jed and...
5 Pages(1250 words)Essay

Law of Torts

...1 Law of Torts I would advise Mr. Andy that his accident occurred in the type of area commonly known for producing similar types of vehicle mishaps, and it will not be necessary for him to prove any type of vicarious liability. It is the duty of the owner to make the property safe. . in the case of McWilliams V. Sir William Arroll 1962, the 'but for' test is applicable on the premise that he (Mr. Andy) would not have sustained the injury but for the breach of the (property owner) defendant. Moreover as in Anns V Merton (1977), Lord Wilberforce proposed a two-staged testonce neighborhood was established, there is a prima facie duty of care, which can only be rebutted on policy ground....
4 Pages(1000 words)Essay

Torts problem question-Negligent misstatements

...Torts problem question-Negligent mis ments A Helen incurs extra cost in acquiring a different house because of the bank appointed surveyor's undervaluation of the originally proposed house by more than 60,000. The owner of the original house Andrew also is forced to lower his price by 20,000 because of the undervaluation. In this case Rashid had no contract with either Helen or Andrew. Bank which appointed surveyor in order to lend money to Helen based on his valuation alone had contract with Helen. And it has charged Helen 150 for valuation purposes. Though Andrew has suffered economic loss, there was no contract with between him and the surveyor nor the bank. Whoever makes a claim due to somebody's...
6 Pages(1500 words)Case Study

Torts problem question

...whilst driving by using a mobile phone. (See also Robertson v Klos, [2005] HCJAC 136). In the case of Anna, she was driving with only one hand and using her mobile phone with the other. Hence, Anna was negligent in her driving and in breach of her duty of care as a driver. Causation. To be able to claim against Anna for personal injury and/or damage to property under the law of tort, it is imperative that causation must be established. There is causation when both factual causation and legal causation are present. Factual causation refers to the nexus between the defendant's action and the claimant's damage (the 'but for' test) while legal causation refers to the break or 'novus actus' in the chain of...
4 Pages(1000 words)Case Study

Private Law and Public Law incorporated. The public law issue, on the other hand, refers to the criminal liability (for theft, robbery, physical injuries, kidnapping or death, among others) that happened on occasion of the theft or robbery aboard the cruise ship The Minnow. Specifically, the public law issue is whether the criminal law of Liberia (the country of the ship's flag), or the criminal law of Nassau, Key West, and Grand Cayman (the possible place where the crime was committed or any of the elements of the crime occurred) or the criminal law of the United States. For the purpose of the given problem however, the detailed discussion will be limited to...
4 Pages(1000 words)Case Study

Torts Law

...Torts law Introduction Liability for negligence is founded on the principles of duty of care, breach of that duty and the resultant damage and loss. The defendant must have been implicated in all these circumstances to become liable. In the instant case, the service provider Family Friendly Fishing had a duty of care to their patrons Mickey and family in that the fishing vessel and accessories should have been kept free from defects especially as the ones involved in dangerous sports. Though the captain of the vessel Neil already warned the service provider of the defective condition of the fishing equipment, the service provider brushed it aside in a casual manner saying no untoward incident had...
8 Pages(2000 words)Essay

Nuisance ( torts law)

...Law of Torts Private Nuisance Introduction “A private nuisance is simply a violation of ones use of quiet enjoyment of land. It doesnt include trespass” (Restatement, 1979). It is an intrusion with an individual’s delight and usage of his land. The law distinguishes that landholders, or those in lawful ownership of land, have the power to the undamaged state of the property and to sensible solace and ease in its occupancy. Private nuisances entail harm to the lands of the complainant of his use of the ownership of such lands. Blackstone describes a private nuisance as "anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another." The forms of private nuisances are almost countless, thus resulting... by invalid...
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic Torts Law Problem for FREE!

Contact Us