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Duty of care

Duty of care

Postby jdheu » Sat Oct 22, 2016 1:42 pm

If someone (A) was convicted in criminal because of other one (B) breaching of his duty of care, could A sue B and claim for something (don't know, $?)?

Thanks for your idea.
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Re: Duty of care

Postby atticus » Sat Oct 22, 2016 2:12 pm

On that little information, the only possible answer is "maybe".

To get a better answer, you would need to provide more information. What happened? What is the relationship between the parties? Why do you say one owes a duty of care to the other? Is the conviction causally connected to the breach of duty? Is the conviction a reasonably foreseeable consequence.
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Re: Duty of care

Postby jdheu » Sat Oct 22, 2016 2:31 pm

Actually it is that a web owner is supposed to have his duty to maintain the security of the web. For instance, normally, the users are allowed to upload txt and office files but not program script file. However, one time, the limitation was off without remembering to turn it back on. During that time, a user uploaded a script file and the script was just for listing the folder/file directory of the web. But unfortunately, during the listing, the user clicked a file which is used for erasing data. And then the criminal case happened.
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Re: Duty of care

Postby dls » Sat Oct 22, 2016 2:32 pm

There has been litigation on related topics.

I might suggest a good local case law research website . .
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Re: Duty of care

Postby jdheu » Sat Oct 22, 2016 2:44 pm

Any suggestion?
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Re: Duty of care

Postby atticus » Sat Oct 22, 2016 3:01 pm

So who owed who a duty of care? What duty of care? What was the breach of duty? What damage did the breach of duty cause! Was that damage reasonably foreseeable as a consequence of the breach of duty?

There you go. A few questions distilled from the cases.
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Re: Duty of care

Postby Smouldering Stoat » Sat Oct 22, 2016 4:17 pm

Have I got this right, A damaged the property of B, and now wants to sue B for failing to stop him?
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Re: Duty of care

Postby jdheu » Sat Oct 22, 2016 5:00 pm

I just thinking the web owner had such duty of care. He had his liability to maintain the security and he failed to do so. Therefore A could upload the file and eventually unintentionally erased the data (the data erasing script is from the web). Anyone knows the URL of data erasing script and visits the URL could erase the data, no input is required. The owner should have certain responsibility.
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Re: Duty of care

Postby jdheu » Sat Oct 22, 2016 5:02 pm

Smouldering Stoat wrote:Have I got this right, A damaged the property of B, and now wants to sue B for failing to stop him?


Actually B (vendor) provided the web. C was the property (data) owner.
Last edited by jdheu on Sat Oct 22, 2016 5:23 pm, edited 1 time in total.
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Re: Duty of care

Postby atticus » Sat Oct 22, 2016 5:16 pm

Is it contributory negligence not to have a back up of your data?
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