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Negligence Claims For Supermarket
Summary
In cases of negligence, supermarkets may claim for damages to frozen food, ruined bakery goods, and lost profits due to power outages. The most comprehensive claim includes all these elements, aligning with potential claims for direct and consequential losses. For Shirleys situation, claiming pure economic loss due to negligence is challenging unless a duty of care is established. In Janices case, establishing a special relationship or duty of care is difficult as she was not a professional decorator. In the context of advice without a disclaimer, the absence of a disclaimer implies an assumption of responsibility, potentially leading to liability for economic loss.Full Conversation
Bob is a council workman contracte**** to ****ig a tunnel un****erneath a roa**** as part of repair works. As he was ****igging, he negligently cut an electricity mains cable supplying power to a local supermarket. This left the supermarket without power for * hours. Foo**** in the frozen sections spoilt an**** ha**** to be thrown away; the ovens of the supermarket’s very popular bakery were shut ****own ruining all the brea**** that was currently being bake**** as they were turne**** into ine****ible lumps of batter an**** the bakery was unable to make any more brea**** for the rest of the ****ay.
Which of the following losses can the supermarket claim for?
In this situation, the supermarket may potentially claim for the following losses:
- Spoilage of foo**** in the frozen sections.
- Loss of bakery goo****s that were ruine****.
- Lost profits ****ue to the inability to operate the bakery for the ****ay.
These claims will ****epen**** on the specifics of negligence an**** any contractual terms involve****. Woul**** you like more information on how to procee**** legally?
- Spoilage of foo**** in the frozen sections.
- Loss of bakery goo****s that were ruine****.
- Lost profits ****ue to the inability to operate the bakery for the ****ay.
These claims will ****epen**** on the specifics of negligence an**** any contractual terms involve****. Woul**** you like more information on how to procee**** legally?
Select one:
A.
The ****amage to the frozen foo**** an**** the brea**** ruine**** in the ovens when the ovens were shut ****own.
B.
The ****amage to the frozen foo****, the brea**** ruine**** in the oven an**** the lost profit that coul**** have been ma****e from selling them.
C.
The ****amage to the frozen foo****, the brea**** ruine**** in the oven an**** the lost profit that coul**** have been ma****e by selling brea**** that woul**** have been ma****e ****uring the perio**** that the oven was shut ****own.
In this situation, option C woul**** be the most comprehensive claim for the supermarket. It inclu****es:
- Damage to frozen foo****.
- Brea**** ruine**** in the oven.
- Lost profit from brea**** sales ****uring the shut****own perio****.
This aligns with potential claims for ****irect an**** consequential losses. If you'**** like more information on pursuing these claims, feel free to ask!
- Damage to frozen foo****.
- Brea**** ruine**** in the oven.
- Lost profit from brea**** sales ****uring the shut****own perio****.
This aligns with potential claims for ****irect an**** consequential losses. If you'**** like more information on pursuing these claims, feel free to ask!
Shirley recently bought a fishing boat which she inten****e**** to sell on to make a profit. When she bought the fishing boat, she was issue**** with a seaworthiness certificate of safety by a statutory authority. However, the safety certificate ha**** been ****rawn up negligently as the boat was not seaworthy. Shirley has therefore been left with a worthless fishing boat that she cannot no longer profit from. She wishes to sue for negligence.
Can Shirley claim for her pure economic loss?
Case Rating: *
In Englan****, claiming for pure economic loss ****ue to negligence can be complex. Generally, economic loss is not recoverable unless it results from physical ****amage or injury. Shirley's claim may be ****ifficult unless she can prove a ****uty of care was breache**** by the statutory authority. Exploring legal a****vice coul**** be beneficial.
In Englan****, claiming for pure economic loss ****ue to negligence can be complex. Generally, economic loss is not recoverable unless it results from physical ****amage or injury. Shirley's claim may be ****ifficult unless she can prove a ****uty of care was breache**** by the statutory authority. Exploring legal a****vice coul**** be beneficial.
Select one:
A.
No, because the information containe**** in the safety certificate was not prepare**** with Shirley’s purpose in min****, so there was no voluntary assumption of risk.
B.
Yes, because it is foreseeable that if information about the seaworthiness of a boat is incorrect, the value of the boat woul**** be affecte****.
C.
No, because Shirley’s reliance on the certificate was unreasonable given that the purpose of the safety certificate was to promote safety at sea an**** not promote her economic interests.
D.
Yes, because it is foreseeable that a purchaser of a boat woul**** rely on a certificate of seaworthiness when making ****ecisions about how to use that boat.
Case Rating: *
For Shirley's situation, option C seems most relevant. In Englan****, claims for pure economic loss ****ue to negligence are often challenging unless a ****uty of care can be establishe****. If the certificate's primary purpose was not for economic interests, relying on it for such purposes may be ****eeme**** unreasonable.
For Shirley's situation, option C seems most relevant. In Englan****, claims for pure economic loss ****ue to negligence are often challenging unless a ****uty of care can be establishe****. If the certificate's primary purpose was not for economic interests, relying on it for such purposes may be ****eeme**** unreasonable.
Janice takes an interest in home ****écor an**** has a recently self-****ecorate**** her living room. She offers to help her neighbours Sue an**** Peter ****ecorate their kitchen, in a********ition to the specialist that they have hire**** for the job. The specialist pulls out of the agreement at the last minute an**** so Sue an**** Peter rely largely on Janice for the ****ecoration of their kitchen. Janice a****vise**** that they use an expensive but cleanable wall paint so they woul**** not nee**** to install a tile**** splashback. However, when Peter an**** Sue trie**** to clean grease from the walls, the grease smu****ge**** the walls an**** coul**** not be remove****. Fixing the issue woul**** require repainting the walls an**** installing tiles to prevent future splashes from staining the walls.
Which of the following reasons explains whether or not there was a special relationship between Janice an**** Peter an**** Sue?
Case Rating: *
In Janice's situation, the concept of a "special relationship" often involves a ****uty of care arising from reliance on expertise or a****vice. Here's a brief explanation:
- A special relationship may exist if Janice provi****e**** a****vice in a professional capacity, creating reliance.
- If Janice's a****vice was informal an**** not base**** on professional expertise, establishing a special relationship may be challenging.
If you nee**** further information or have more questions, feel free to ask!
In Janice's situation, the concept of a "special relationship" often involves a ****uty of care arising from reliance on expertise or a****vice. Here's a brief explanation:
- A special relationship may exist if Janice provi****e**** a****vice in a professional capacity, creating reliance.
- If Janice's a****vice was informal an**** not base**** on professional expertise, establishing a special relationship may be challenging.
If you nee**** further information or have more questions, feel free to ask!
Select one:
A.
Yes, because although Janice is not in the business of home ****écor, her knowle****ge an**** practical experience ****ecorating her living room, in a********ition to her offer to help, suggests that she ha**** some special knowle****ge of home ****ecoration.
B.
Yes, because there must have been a contractual relationship between Janice, Peter an**** Sue.
C.
No, because Janice complete**** the work as a favour to her neighbours, so there was no contractual relationship or relationship akin to a contract which coul**** give rise to a ****uty of care.
D.
No, because although Janice ha**** ****ecorate**** her own living room, she was just an amateur ****ecorator with little experience, so she ****i**** not have any special skill on which Sue an**** Peter coul**** reasonably rely.
Case Rating: *
In Janice's situation, option D seems most relevant. Since Janice was not a professional ****ecorator an**** was offering help as a favor, establishing a special relationship or ****uty of care might be ****ifficult. Professional a****vice or contractual agreements typically create such relationships.
In Janice's situation, option D seems most relevant. Since Janice was not a professional ****ecorator an**** was offering help as a favor, establishing a special relationship or ****uty of care might be ****ifficult. Professional a****vice or contractual agreements typically create such relationships.
In the case of He****ley Byrne v Heller, Lor**** Rei**** state**** that a reasonable man, knowing that he was being truste**** or that his skill an**** ju****gement were being relie**** on woul**** have three options open to him: either keep silent or ****ecline to give the information or a****vice sought; give the answer with a clear qualification that he accepte**** no responsibility for it or that it was given without the reflection or inquiry which a careful answer woul**** require; or, he coul**** simply answer without any such qualification.
What is the rationale for hol****ing a ****efen****ant liable for pure economic loss where they give a****vice without a ****isclaimer?
Case Rating: *
The rationale for hol****ing a ****efen****ant liable for pure economic loss when they give a****vice without a ****isclaimer is base**** on the concept of "assumption of responsibility." If a ****efen****ant provi****es a****vice without ****isclaiming liability, they may be seen as having implicitly accepte**** responsibility for the accuracy or reliability of the a****vice. This can establish a ****uty of care towar****s the recipient, especially if the recipient relies on the a****vice to their economic ****etriment. The absence of a ****isclaimer suggests that the ****efen****ant inten****e**** the a****vice to be relie**** upon, thus potentially lea****ing to liability for any resulting economic loss.
The rationale for hol****ing a ****efen****ant liable for pure economic loss when they give a****vice without a ****isclaimer is base**** on the concept of "assumption of responsibility." If a ****efen****ant provi****es a****vice without ****isclaiming liability, they may be seen as having implicitly accepte**** responsibility for the accuracy or reliability of the a****vice. This can establish a ****uty of care towar****s the recipient, especially if the recipient relies on the a****vice to their economic ****etriment. The absence of a ****isclaimer suggests that the ****efen****ant inten****e**** the a****vice to be relie**** upon, thus potentially lea****ing to liability for any resulting economic loss.
Select one:
A.
If D opts to give a****vice without a ****isclaimer, this is an in****ication that the a****vice given will be free of errors an**** C is entitle**** to rely on this in****ication.
B.
If D opts to give a****vice without a ****isclaimer, there is a risk that D’s a****vice will be use**** for any purpose that C requires an**** D must be hel**** to have accepte**** some responsibility for this risk, an**** therefore D shoul**** exercise such care as the circumstances require.
C.
If D opts to give a****vice without a ****isclaimer, D must be hel**** to have accepte**** some responsibility for his answer being given carefully, or to have accepte**** a relationship with C which requires D to exercise such care as the circumstances require.
Case Rating: *
In the scenario you've ****escribe****, option C seems most appropriate. If D gives a****vice without a ****isclaimer, it implies D has accepte**** some responsibility for ensuring the a****vice is given carefully. This can establish a ****uty of care, especially if C relies on this a****vice.
In the scenario you've ****escribe****, option C seems most appropriate. If D gives a****vice without a ****isclaimer, it implies D has accepte**** some responsibility for ensuring the a****vice is given carefully. This can establish a ****uty of care, especially if C relies on this a****vice.
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