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?

• Pure economic loss

• Economic loss

• Reasonable loss

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