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Read the dialogue and answer the question. There s only one correct answer.Kelly: Wow, that s a lot of information on tort law. Did you understand all of it? Mark: Honestly, most of it went over my head. I m still trying to wrap my head around the concept of negligence.Kelly: I remember studying this in college. Negligence is when someone breaches their duty of care and causes harm to another person, right?Mark: Yeah, that sounds about right. But there are also certain defenses available in cases of negligence. Like for psychiatric injury or economic loss.Kelly: Wait, so can anyone sue for those things under the premise of negligence?Mark: Not necessarily. The courts use a three-step test to determine if there is a duty of care owed by the defendant to the victim.Kelly: Ah, I see. So basically, the first step is proving that the harm was reasonably foreseeable?Mark: Exactly. And then the second step looks at the relationship between the two parties - whether it s one of proximity or not.Kelly: And finally, the third step considers if it would be fair and just to hold the defendant liable for their actions.Mark: Right. It seems like the case of Caparo Industries Plc v Dickman was a turning point in establishing this threefold test.Kelly: Yeah, it definitely set a precedent. But I can imagine it must have been challenging determining liability in a complex situation like that.Mark: Definitely. And with the ever-changing laws and legal systems, it s important to constantly stay informed and educated.Question: What are somedefenses available in cases of negligence?
- Self-defense and provocation
- Alibi and mistaken identity
- Psychiatric injury and economic loss
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