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10 marksNegligence and Specific Liabilities

CAPE Law Unit 2 · 2005 · Paper 2 · Question 2(a)

Devon publishes a bestselling book titled 'How to Win at the Races Everytime' despite knowing little about horse racing and including many errors. Talk show host Arthur endorses the book as 'foolproof' on his Top Ten List. Sasha, facing foreclosure, uses $10,000 borrowed from her mother to follow the formula, losing both her money and her house.

Explain the elements of the tort of negligent misstatement.

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Other parts of this question

  1. 2(b)Determine whether Devon or Arthur owes a duty of care to Sasha, supporting your answer with well-reasoned arguments.[15 marks]

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