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Law of tort: Negligence and occupiers' liability
The tort of negligence is the most commonly used tort. This is because it covers things such as car
crashes ,medical negligence and defective workmanship. In order to prove negligence you must have
1 The other person owes you a duty of care
2 There was a breach of that duty of care
3 As a result of that breach you have suffered damage to your person or property
An exclusion cause is a term in a contract that allows the seller to avoid or limit liability.
Examples of exclusion causes is a car park notice saying `Cars parked at owners risk'.This is an
exclusion cause in the contract that the owner of the car made with the owner of the car park when
he paid for his ticket.
The reasonable man test
What would the average person in the street think?
Knowing everything that happened
Factors (This is what the judge would consider when deciding whether a contract was reasonable)
*Duty of care?
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Terms in a contract describe the duties and obligations of each party. Terms are conditions and
warranties. If a condition is breached than a contract can be cancelled and damages
sought.However,if a warranty is breached the contract cannot be cancelled but damages can still be
Warranties=cannot cancel contract
In order for a seller to rely on an exclusion clause to avoid or limit liability .…read more