经济法 国外.docx

General NegligenceIssue: Does Charles owe a duty of care to his neighbor?1: 非建议类：Law：(a) Foreseeability test: An objective test measuring if a reasonable person would have foreseen that harm may result from defendant’s actions (Hay v Young, Chapman v Hearse).(b) Proximity test: Plaintiff must be in a sufficiently proximate relationship with the defendant (Jaensch v Coffey） There are 3 types of proximity: 1. Physical- closeness; 2. Circumstantial- employer to employee; 3.Causal- temporary.2：建议类：Law：MLCV Evatt（three step tests）(1): the advice or information was given in respect of a serious or business matter(2): The circumstance were such that D did or should have realized that P intended to act on the information or advice (assumption of responsibility)(3): in the circumstances, it was reasonable for P to have relied on the information or advice (reasonable reliance)(4): Some reasonable reliance factors considered by the court include:1. The context in which the advice or information was given (Mohr CleaverTepko v Water Board)2. Presence or absence of special skill (Hedley Byrne V Heller Partners)3. Length of relationship between parties4. Request for information /advice (Shaddock Associates V Parramatta City Council)5. Alternative sources of information /advice (shaddock06. Direct recipient（接受者） of information /advice (Esanda Finance)Application：D owes P a duty of care to ______because:: There was a special relationship between D and P because (P was a long term customer of D).: serious nature (money): D should know that P was going to rely on Ds advices because P is D’s client.: It was reasonable for P to rely on the advice.: D provided the advice in a business context-the advice was given of charge.: D has special skill in providing the advice ( have licenses and accreditation鉴定合格）: (Bill and Mark have a longstanding relationship built on trust and as such the fact that there are alternative sources of seeking investment advice is irrelevant)? If D is the only s