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Wednesday, October 8, 2008

Not Accurate

When I saw the question paper this afternoon I thought I got the wrong question paper. During tutorials I was sure I'm very much awake. And in the midst of away, the lecturer says there's definitely going to be a question on defamation.

And what happen today?? No defamation questions at all (no occupiers and employers I don't care cause I skip that:P). How can that be? I study somuch for that and it didn't. I think there should be a new branch of tort call lecturer's liability of something.

Lecturer's liability is part of negligence like occupier's liability and employer's liability. It happened when the lecturer "made a statement (not mere comment) which indicates an idea which induce the students to believe in it and the duty of care is breach when the statement turn out to be false". The test is "would a reasonable lecturer put in the defendant lecturer's position foresee that the statement made would induce reasonable students to believe in it".

Importantly, its actionable per se. Damages do not need to be proven. It will be too late when half the class is taking supplementaries. Now must pay to sit for it some more >_<

Money Making Uni. Isn't this a very useful tort?:) Just hope it can apply retrospectively

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