Torts 2 Week 5

A negligent misstatement could traditionally only cover where the words were fraudulent as opposed to merely negligent

• True

• False

There must be a known, reasonable reliance and/or an assumption of responsibility on the part of the person making the statement. This is a negligent...

What are some circumstances to determine whether there has been reasonable reliance or assumption of responsibility for a negligent misstatement?

• The type of advice and formality of occasion

• Special skill/knowledge known to be possessed

• An effective disclaimer

• Strength/detail of advice and apparent reliance

Financial loss not consequent upon any injury or damage to the plaintiff's property or person... what is this?

There is an exclusionary rule for pure economic loss

• True

• False

What does the traditional exclusionary rule prevent?

• The plaintiff from potential indeterminate liability

• The defendant from potential indeterminate liability

• The Court from potential indeterminate liability

Vulnerability is an essential requirement in determining pure economic loss

• True

• False

• Sometimes

What are some factors for determining psychiatric and psychological injuries?

• Whether the victim is a primary vs secondary victim

• The need for a sudden shocking event giving rise to the psychiatric injury

• Policy factors

• Proximity

What did Gifford v Strang Patrick Stevedoring Pty Ltd determine?

• The relevance of policy considerations

• The relevance of the type of relationship between the victim and the plaintiff

• The relevance of a primary victim

• The relevance of the type of relationship between the victim and defendant

For example, if I hit you with a car and you get PTSD, what kind of victim are you?

• Primary

• Secondary