First Principles of Business Law

The tort of Negligence

3. Liability for different types of conduct and harm

3.1. The necessity of distinguishing the nature of particular conduct and harm

 

 

 

A duty of care to take reasonable care can arise in many different circumstances. Account must be taken of different types of conduct and harm so that you can apply the correct rules for establishing a duty of care. For example, a duty of care in relation to a failure to act (an omission) is more limited than liability for positive acts. So too, a duty of care in relation to purely economic loss caused by misrepresentations is subject to special limiting rules. To understand the rules that determine when a duty of care exists, you will need to distinguish between various categories of conduct and harm. Click on each category and study the examples until you understand the difference between them.

A positive act causing physical harm to persons or property

A failure to act causing physical harm to persons or property

Statements or advice causing physical harm to persons or property

A positive act causing purely economic loss

A failure to act causing purely economic loss

Statement or advice causing purely economic loss

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