Read the dialogue and answer the question. There's only one correct answer. Kelly: Wow, that's a lot of information on tort law. Did you understand all of it? Mark: Honestly, most of it went over my head. I'm still trying to wrap my head around the concept of negligence. Kelly: I remember studying this in college. Negligence is when someone breaches their duty of care and causes harm to another person, right? Mark: Yeah, that sounds about right. But there are also certain defenses available in cases of negligence. Like for psychiatric injury or economic loss. Kelly: Wait, so can anyone sue for those things under the premise of negligence? Mark: Not necessarily. The courts use a three-step test to determine if there is a duty of care owed by the defendant to the victim. Kelly: Ah, I see. So basically, the first step is proving that the harm was reasonably foreseeable? Mark: Exactly. And then the second step looks at the relationship between the two parties - whether it's one of proximity or not. Kelly: And finally, the third step considers if it would be fair and just to hold the defendant liable for their actions. Mark: Right. It seems like the case of Caparo Industries Plc v Dickman was a turning point in establishing this threefold test. Kelly: Yeah, it definitely set a precedent. But I can imagine it must have been challenging determining liability in a complex situation like that. Mark: Definitely. And with the ever-changing laws and legal systems, it's important to constantly stay informed and educated. Question: What are some defenses available in cases of negligence?
🧠 Тематика вопроса:
Курс направлен на изучение ключевых принципов и методов, необходимых для понимания и применения современных технологий. В рамках программы рассматриваются теоретические основы, практические аспекты и актуальные тенденции в данной области. Студенты получат навыки анализа, решения задач и работы с инструментами, востребованными в профессиональной среде. Особое внимание уделяется развитию критического мышления и умению адаптироваться к изменениям. Материал подходит как для начинающих, так и для тех, кто хочет углубить свои знания.
Варианты ответа:
- Self-defense and provocation
- Alibi and mistaken identity
- Psychiatric injury and economic loss
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