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10 Cards in this Set
- Front
- Back
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What is rescission?
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Where a contract is declared to be as though it never existed and parties return to their original position.
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When can rescission be invoked?
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Misleading conduct, mistake, duress or unconscionable conduct during the negotiation period.
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When do surviving terms come in to effect?
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When the promisee elects to terminate, not at the time of breach or that it is rescinded.
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For a negligence action to succeed, what conditions need to be met?
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- The existence of a duty of care owed by the defendant to the plaintiff;
- A breach of the duty of care by the defendant; and - Loss or damages suffered by the plaintiff that was caused by the defendant’s breach of duty. |
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What is a duty of care?
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Where an act or omission that may reasonably be contemplated to cause harm to another.
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What factors are taken in to account when courts are determining duty of care?
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- The forseeability of the inherent risks of the act or omission;
- The seriousness or magnitude of the possible injury or loss; - The degree of probability of the possible injury or loss occurring; and - The opportunities available for reducing or avoiding the risk. |
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If damage cannot be established, can someone sue for breach of duty of care?
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No, it must be demonstrable.
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What does concurrent liability mean?
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A party may be liable in both negligence and contract.
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What is contributory negligence?
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If a plaintiff has proven a case of negligence against the defendant, but has also partly contributed to their own injuries, damages can be reduced as a result.
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What is the time limit for negligence?
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Generally a person has six years within which to bring a claim in negligence.
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