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13 Cards in this Set
- Front
- Back
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First Issue: |
Does X owe a duty to Y not to ~ (inspect badly/build)? |
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Second Issue: |
Is Y a foreseeable plaintiff? |
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Third Issue: |
Was there damage, was this caused by the defect? (often can't say due to time limit) |
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Fourth Issue: |
Was X Negligent? |
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Conclude |
Based on above reasoning, X is prima facie liable for negligence. |
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Next section: |
Limits on X's liability |
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2. First Issue: |
Was there a reasonable possibility of intermediate examination? |
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2. Second Issue: |
Did X give sufficient warning of the possibility of a defect? |
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2. Third Issue: |
Does X's prior settlement with Z limit their liability to Y? |
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2. Fourth Issue: |
Does the limitation Act 1950 bar Y from bringing action? |
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2. Fifth Issue: |
Does the building Act 2004 bar Y from bringing action? |
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conclude |
based on the above reasoning, X is liable for negligence.
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2. Sixth Issue |
If X is liable, what damage should be awarded? |
