Tort of Law Essay Example | Topics and Well Written Essays - 2500 words

Tort of Law - Essay Example c injury to liability will also turn on questions relative to the duty of care and the extent to which that duty can be extended to Peggy and her injury was reasonably foreseeable.4 Ian’s possible defence turns on whether or not he can legitimately claim contributory negligence or non volenti fit injuria on the part of the victim: Ben.5 To begin with, a duty of care exists in cases where injury of the kind suffered is reasonably foreseeable, there is proximity between the parties, and the imposition of a duty of care is fair.6 In determining whether or not a duty of care exists it is also necessary to ascertain if the defendant assumed the duty of care and if the plaintiff could have reasonably relied on the fact that the defendant assumed the duty of care.7 In assessing the duty of care in potential claims against WTW and Marcus it is necessary to examine the duty of care in respect of claims for pure economic loss: monetary award where no physical damages are claimed.8 In Hedley Bryne v Heller, it was established that liability for pure economic loss in cases of negligent misstatement arise where the plaintiff is relying on the advice or information of the defendant based upon trust that the defendant will exercise a degree of care and knew or ought to have known that the plaintiff was relying on that information and/or advice.9 In addition, the defendant is required to have represented that he had the unique skills and knowledge with respect to the advice and/or information requested by the plaintiff.10 Based on the facts of the case for discussion there is no doubt that WTC held itself out has having a specific skill and knowledge: investment expertise. Through its agent, WTC as an investment business held itself out as having special investment skills that it ought to know Ian relied on in seeking its services with respect to investing his profits. Based on the special skill and expertise that WTC held itself out to have, the company ought to have known