Six years, or three years in the case of personal injury
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What is the limitation period for a breach of contract
Six years
2 of 17
What elements are need to succeed in an action for negligence
A duty of acre was owed
There was a breach of that duty of care
In consequence to that breach the claimant suffered injury, damage or loss
3 of 17
What tests for whether or not a duty of care exists were formulated in the Nicholas H case
Reasonably foreseeable
Proximity
Fair, just & reasonable
Public Policy
4 of 17
What is res ipsa loquitur
'The facts speak for themselves'
Where the reason for damage in unknown but it can be fairly said it won't have occurred without the defendants lack of care
5 of 17
What is the standard of care needed to satisfy the duty of care
A reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs
6 of 17
What principles have been established by case law in regards duty of care
Particular skill
Lack of skill is not relevant
No hindsight
Body of opinion
Advantage & risk
Emergency
Vulnerability
7 of 17
What is the 'but for' test
Would the damage have occurred but for the defendants act or omission
8 of 17
What creates a special relantionship
If a professional provides a special skill to someone who relies on that skill
9 of 17
Does an auditor have a duty of care towards potential investors
No, they only have a duty to the shareholders as a whole
10 of 17
Do auditors have a duty of care if the provide information to a particular person in the knowledge they will rely on it
Yes
11 of 17
Can auditors use a liability disclaimer
Yes the courts have decided this is perfectly reasonable
12 of 17
What are the three defences for negligence
Contributory negligence
Volenti non fit injuria
Exclusion clauses
13 of 17
What are damages for negligence intended to do
Put the claimant in the same position they would have been had they not suffered the loss
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What is vicarious liability
The legal liability imposed on a person who is free from blame e.g. if an employee or agent commits a tort
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What are the requirement to establish vicarious liability
The tortfeasor must be an employee not an independent contractor
The employee must have been acting in the course of their employment
16 of 17
Can an employer be held vicariously liable for an agency worker
Yes as can the agency company
17 of 17
Other cards in this set
Card 2
Front
What is the limitation period for a breach of contract
Back
Six years
Card 3
Front
What elements are need to succeed in an action for negligence
Back
Card 4
Front
What tests for whether or not a duty of care exists were formulated in the Nicholas H case
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