A Brief Note On The Tort Of Negligence Essay

1216 Words Nov 16th, 2015 null Page
Deceit is defined as purposeful lying that causes a loss for the claimant or gain for the defendant. Conversely, a negligent misstatement is an incorrect carelessly made statement that causes loss for the claimant, in which the defendant acts on unreasonable grounds. Therefore, the primary aspect of a negligent misstatement that needs to be verified is that the misstatement is negligent and that a special relationship exists between the parties. The tort of negligence involves three components: duty of care, breach of duty, and damages. Donoghue v. Stevenson (1932) is the origin of the tort of negligence in modern English law. In the tort of negligence “a defendant is liable to pay damages to compensate the claimant’s loss or damage suffered in consequence of the defendant’s breach of duty to take reasonable care.” So, the primary concern in negligent misstatement cases is whether or not the defendant owes the claimant a duty of reasonable care in the situation. Then, the courts examine the questions of causation and remoteness, as control mechanisms of cases involving pure economic loss.
Lord Atkin established the neighbour test in the Donoghue v. Stevenson case, when he stated, “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.” Your neighbour is anyone directly affected by your actions, which you should have reasonably had in contemplation when completing the act in question. This test is…

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