Case Problem

Case problem 1

Question 1

For Dave statement, Tortious liability for negligently made statements is a relatively recent development. Liability for negligently made statements has long been recognized by the law of contract via the law relating to misrepresentation (although, prior to 1964, negligent misrepresentation did not exist as a distinct form of misrepresentation, and all misrepresentations were classified as fraudulent or innocent) (Williams 2004).

The term defamation refers to an abusive attack on a person's character or to make false claims against someone in order to damage their good name. There are two forms of defamation that can be used: libel and slander. An unreasonable person may abuse the right of privilege in order to commit defamation against another person. The right of privilege (or qualified privilege) being that a person has a right to make statements during the trial process. This privilege often protects against an unreasonable person who wishes to make defamation statements.

In order to establish that the defendant is negligent, four requirements will need to be met, namely:

The defendant owed the claimant a duty of care

The defendant must have breached that duty

The defendant's breach of duty must cause the claimant loss, and

The loss must not be too remote.

Question 2

The name given to the direct cause of an accident, or incident leading to injury, is referred to as proximate. This gives a misconception to the name, as if the cause was nearly opposed to the actual one. Other issues arise deeper within proximate cause, and that is with the scope of liability and its extent. Controversy exists as to where liability should be extended to a defendant, based on their responsibility or duty (Honka 1996). 

Question 3

In legal terms, duty is seen as an individual's obligation to act in a manner conducive to the well being of everyone around them, such as the prevention of any foreseeable injury to a victim. Such a term that best represents this obligation is that of a duty of care, or even Good Samaritan to an extent. Duty, itself, serves two other important functions for societal concerns attached to tort law. These include a general principle and a limitation. A general principle provides precedence for future cases, while limitation sets forth the boundaries for which liability may exist for individuals involved in an incident. Actual application of this term comes in the form of its existence at the abstract level and in fact ...