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The tort of passing off. org CHAPTER 5 – LAW OF TORTS TORT OF NEGLIGENCE The 3 essential elements In order to succeed in the tort of negligence the claimant must prove 3 matters: 1. 1. that the defendant owes him a duty of care 2. that the defendant breached his duty of care 3. that as a result the claimant suffered loss which is not too remote. Duty of care This element is looking at who can be sued by the claimant. To whom does a defendant owe a duty of care? Answer: to his neighbour. Who is his neighbour?

Org CHAPTER 2 – LAW OF CONTRACT: FORMATION AGREEMENT – OFFER AND ACCEPTANCE The existence of a contract requires there to be an agreement between the parties and is usually shown by the unconditional acceptance of a firm offer. The basic rule is: in order for a binding contract to exist there must be both offer and acceptance. Offer What is an offer? A definite and unequivocal statement of willingness to be bound by contract on specified terms without further negotiations. What is not an offer?

This would mean £0 since the pool as built was just as suitable for swimming and diving as one built to the agreed specifications). The HL held that F would not be awarded damages so as to enable him to re-build the pool as this was unreasonable since the cost was out of all proportion to the benefit to be obtained. Thus his claim would be confined to the difference in value. This of course meant £0 – although the HL did uphold the lower court’s award of £2,500 for loss of amenity/enjoyment (though they commented that the amount was on the high side).

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