Law of Tort College Essay Example | Topics and Well Written Essays - 2000 words

Law of Tort College - Essay ExampleThe production process is interrupted and all the materials in process are damaged beyond repair. In addition, because there is no water supply for 24 hours Brian loses the opportunity to carry out several more processes and loses the profits that these would have generated.An analysis of the facts of the eluding presents certain ambiguous legal ejects within the premise of both common law as well as the law of civil wrongs. In the first situation, the pick out is whether Dereks statement to Alan about the efficacy of the van, and the consequent economic loss to Brian, imposes a liability in tort on Derek and/or Alan. In the second situation, the issue is whether Brian can claim economic damages for the losses he has suffered in terms of equipment and material damage and by way of profit loss imputable to operations shut down resulting from Donalds listless action.The first situation --Brian v. Derek/Alan - relating to Brians purchase of van pr ima facie pertains to area of pure economic loss due to negligent misstatement, resulting in tortious liability under common law.1 The second situation --Brian v. ... A. Brian v. Derek/Alan - Negligent Misstatement Resulting in Economic Loss The common law imposes liability in tort upon persons who make misstatements to others however, only if the misstatement is made fraudulently or negligently, when there is a duty to take care. Also, the claimant/the person to whom the misstatement has been made must have sustained a loss (which may be physical or financial or both) as a result of reliance upon the misstatement. Thus, liability in the tort of negligent misstatement is generally defined in terms of the common law premises of duty, breach and damage,3 however, a special treatment is usually given considering the complexity and since tortious liability in this area is a relatively recent development.4 The case in question presents considerable issues in facts and in law, an analysis of which in sexual intercourse may be vital in advising Brian. The primary issues for consideration includeWhether mistakes were fraudulent or arising out of negligence Whether Derek owes a duty of care to Brian for a report he made to Alan Whether the plaintiff sustained loss, economic or physicalWhether Alan has a vicarious or personal liability in sexual relation to Dereks misstatement and/or in passing the report to Brian Any defence, legal or factual, which may be claimed by Derek/Alan against Brian As the facts of the case reveal, there is no apparent(a) evidence of fraud -- Derek cannot be said to have any interest in Alan or Brian purchasing a van that has been advertised in the local anesthetic newspaper. The mistakes in the report are mainly due to negligence however, relying on that Brian, a third party had sustained financial loss,