Tort of negligent

2019-05-12  本文已影响0人  神猫ET

Tort,是法语,就是wrong的意思。。

Tort of negligent,是房地产行业中就普遍会遇到的。

它的形成得有四要素:

1-duty of care. 这个的判断标准是:neighbout principle(proximity test). 谁算是你的neighbor? Person who are so closely and directly affected by your act that you ought reasonably to have them in contemplation as being so affected when I am directing my kind to the acts or omissions which are called in question.

你得爱你的邻居,不能给你的邻居造成伤害。你对你的邻居是有责任的。这个邻居的定义,不是我们日常生活理解的邻居,而是上面这段话定义的邻居。

2-breach of that duty

Reasonable man test:

If the defendant does not act in a reasonable Mann in the given circumstances, he is regarded as having breached his duty.

3-resulting damage

But for test:

If the plaintiff would not have suffered damage but for a certain event, then that event is cause of the damage.

4-loss or damage not too remote

Reasonable foreseeability test

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