Table of Contents Task 1 2 Claim 1 3 Claim 2 5 Task 2 9 Claim 3 11 References 13 Task 1 Describe the nature of general tortuous liability comparing and contrasting to contractual liability * There are some similarities between tortious and contractual liability Both tortious liability and contractual liability are civil law obligations‚ so the remedies of all two them are only damages‚ injunction or specific performance without punishment as well as the civil courts have jurisdiction
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to User) 20 Occupiers Liability for Personal Injury 21 Employers to Employees 22 Road User 22 Parent’s duty to protect 3rd parties from their children 22 School Authorities 23 Prison Authorities 23 Medical Profession 23 Rescuer 23 Legal & Other Professionals 23 (2) Breach of Duty 25 (2.1) Standard of Care 25 (2.2) Breach of standard of care 28 (3) Damage 32 (3.1) Is the damage recognised by law 32 (3.2) Causation in fact 33 (3.3) Scope of Liability / Causation at law / Remoteness 34
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Concurrent liability Text [13.45] – [13.65]‚ [13.80] – [13.120] Vicarious liability is the liability of an employer for a tort committed by an employee within the course of employment Stevens v Brodribb sawmilling the existence of control between an employer and employee is not enough to prove a relationship for vicarious liability. Further criteria such as obligation to work‚ hours to work etc is also considered Elazac pty ltd v Sheriff the plaintiff was not an employee but a contractor
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------------------------------------------------- Defective products‚ which cause damage‚ can give rise to liability and this traditionally arose under the common law. However‚ the common law approach places the burden on the claimant to establish that the defendant owes a duty to him‚ was in breach of that duty and that they suffered damages as a result of that breach‚ and it may not always be straightforward to establish causation‚ especially when the defect arose on part of the manufacturer. Claims may also arise in
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Mark A. Cohen 19 October 2012 A tort is a civil wrong that is not a breach of a contract. Tort cases and treatises identify different types of wrongfulness‚ culpability‚ or fault and define them in varying ways. ort law contemplates civil liability for those who commit torts. This distinguishes it from the criminal law‚ which also involves wrongful behavior (Mallor‚ Barnes‚ Bowers‚ & Langvardt‚ 2010). These laws have been modified many times since the late 1800 ’s by state legislatures
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An Essay on Clinical Negligence “We have always thought of causation as a logical‚ almost mathematical business. To intrude policy into causation is like saying that two plus two does not equal to four because‚ for policy reasons‚ it should not.” (Charles Foster NLJ 5/11/2004 page 1644). To what extent do you consider that Charles Foster is correct in that causation and clinical negligence should be a “mathematical business” and the courts have‚ by introducing matters of policy‚ confused
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.................................................................................................... The onus of proof in criminal cases .................................................................................................. Criminal liability: a summary ............................................................................................................ Crimes and delicts ..........................................................................................................
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Alee V. Bob’s Negligence Negligence requires a showing that a duty was owed‚ that the duty was breached‚ and that the breach was the actual and proximate cause of damages Special Duty- Land Occupier/Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make
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Square H. Product Liability The Company is guilty of strict product liability. It didn’t properly inspect the shipped goods. The defective product is the sole responsibility of the company. The reason being that the product was shipped faulty and the workers failure to properly inspect quality. Which under the strict product liability law makes the manufacture liable to the injured party. Under the theory of negligence the injured party must prove the following: duty‚ breach‚ causation and damages.
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507 prevents auditors knowingly or recklessly causing an audit report to include any matter that is “misleading‚ false or deceptive in a material way”. To be proved in cases of civil liability Mr Justice Woolf in the case Lloyd Cheyham v Littlejohn (1985) established the 4 issues of duty of care‚ negligence‚ causation and quantum. The duty of care issue asks whether the defendants owe the plaintiffs a duty of care. The law is built on a series of important cases. The high profile case Caparo Industries
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