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Negligence means the situation where a party causes harm to others because of his
failure to perform his duty of reasonable care to them. The harm may be physical
injuries, property damage or pure economic loss.

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Fact: Personal
The plaintiff’s friend bought a ginger beer from a café.
The friend passed the ginger beer to the plaintiff.
The plaintiff consumed the ginger beer and found a snail in the bottle.
She suffered from both physical and mental illness because of it.

Issue:
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Could plaintiff sue under contract law?
If not, how could the plaintiff get compensation?
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▪ Duty of care

attested conduits behaviour

▪ Owed to whom? Your neighbor
person by your
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▪ Foreseeability atimlnutn
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▪ Fairness, Justice and Reasonableness
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 Personal
Ijury
Fact:
A man purchased an insecticide sprayer.
On the label, there was a word “flammable” as a warning.
He used the spray in the kitchen and it caused an explosion due to the washing
machine which was operating.

Held:
Is the warning adequate?
not adequate enough
Flammable 乃 too wide
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 adequate warning

Fact:
A damaged ship was sent to the defendant’s repair yard.
Pnpag damage
Typhoon Ellen struck Hong Kong.
The defendant took the ship to a typhoon buoy but no adequate measure was
implemented.
Eventually the ship went adrift and damaged the plaintiff’s jetty and shore-based
installation.
shipowner s 0 sRlshptepairer wasliable

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Issue:
Breach of duty of care or not? 朱
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Fact:
Hedley was an advertising agent.
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Hedley asked a bank to advice the creditability of one of the clients. sue
neglige t
The bank did the advice for free with a disclaimer clause. exemption clause
Hedley relied on the advice and place advertisements for the client, but the client
went into liquidation.
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Issue:
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What was the legal issue in this case?

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Fact:
Accountants prepared a n audit report to comply with certain statutory requirement,
but the report contained mistaken statements about the profit of the firm.
A shareholder relied on the report and purchased shares but lost money.

Issue: shareholdersInvestors news

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Would the Accountants be liable for negligence? (To the shareholder and investor)

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▪ Did the injured party rely on the skills and judgment of the defendant?

▪ Did the defendant know or should have known who would rely on his misstatement
and what the purpose of the reliance was?

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▪ Was it reasonable for the injured party to rely on the defendant in the
circumstances of the case?
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▪ A carried a lot of firework at a bus terminal. A bus terminal staff accidentally pushed A
and A dropped the firework. The firework exploded and hit a light. The light fell over
and hit B, who was waiting for the bus. Could the bus terminal management company
foresee the harm?

▪ An collision happened between a car and a motor cycle. A load noise was made and was
heard by a pregnant woman 500m away from the accident. She didn’t witness the
accident, but she gave birth to a still born baby and claimed that it was due to the noise
of the accident. Could the drivers foresee this harm?
Foreseeable xei
 Foreseeable r
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▪ You pass by a river and see a stranger who is drown in the river.
▪ A worker works at a construction site and falls over from high place due to
insufficient equipment. foreseeable
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▪ A patient died because of a wrong medical decision of the doctor.

箭蕊
▪ You are a teacher. An earthquake happened and you ran away from the classroom
管 but your students were trapped and injured in the classroom. Depend
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▪ Your neighbor’s children come over to play. You leave home to buy something and
your dog bite your neighbor's children.
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