Read the dialogue and answer the question. There’s only one correct - Ответ на вопрос №286380

Вопрос

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 some defenses available in cases of negligence?

• Self-defense and provocation
• Alibi and mistaken identity
• Psychiatric injury and economic loss

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