donoghue v. stevenson
snail in drink: negligence - the manufacturer owed duty of care to consumer
childs v. desormeaux
new years eve party: negligence - foreseeable victims
hedley byrne v. heller
economic loss: negligent misrepresentation of financial advice
hercules management v. ernst & young
economic loss: negligent misrepresentation - duty of care was owed, however court decision favoured defendant for policy reasons
mustapha v. culligan
fly in water bottle: foreseeability and duty of care
foakes v. beer
mercantile law amendment act: partial payment of debt
libel and slander act
defence to defamation: journalists a fair comment defence when they have an honest belief
occupier’s liability act
different duty of care owed to different trespassers: invitee, licensee, trespasser
consumer protection act
legislation that sets out rules about contracts to protect the consumer
3 different causes of action for professionals
- breach of fiduciary duty
- tort - negligent misrepresentation
- breach of contract
2 things that make contract unenforceable
- illegal contracts
2. statue of frauds
turning 18; continuous contracts
silence means the contract stands
turning 18; one time contracts
silence means contract is over
3 mistakes about terms
- words used inadvertently/accidentally - voidable
- different meaning of words - void
- errors in transcription - rectification
2 mistakes in assumptions
- existence of subject matter/one of a kind goods - void
2. value of subject matter - voidable
3 mistakes in identity
- face to face - voidable
- distant real identity - void
- distant fake identity - voidable
5 contracts affected by statute of frauds
- executor’s promise
- guarantee
- in contemplation of marriage/prenups
- interest in land - entered into registry
- not performed in 1 year - so parties don’t forget
trade usage
meaning used in the particular industry
