- •Introduction 8
- •Introduction 11
- •Introduction 15
- •Introduction
- •Explanation of the importance of the essential elements required for the formation of a valid contract
- •What is contract?
- •What are the main parts of a valid contract?
- •Agreement
- •Consideration
- •Intention
- •Capacity
- •Discussion about the impact of different types of contract Classification of contracts
- •The impact of different types of contract
- •1.3 Analysis of terms in contracts with reference to their meaning and effect Express and implied terms
- •Conditions and warranties, innominate terms
- •Exclusion clauses and onerous terms
- •Case of Mr b and Mr c jr
- •Case of Mr d, Mr a, Mr b and Miss e
- •Case of Mr a, Professor f and Doctor g
- •Case of father of Mr c jr, Mr c and Mr b
- •Case of Mr a and Miss e
- •2.2 Applying the law on terms in different contracts
- •Case of salesman from Tills Ltd - Mr h and Mr a
- •Case of Mr a and Mr I
- •2.3 Evaluating the effect of different terms and conditions Case of Mr a and Tills Ltd
- •Case of Mr a and Tills Ltd, PayPal
- •Conclusion
- •Introduction
- •3.1 Contrasting liability in tort with contractual liability
- •Types of tort
- •3.2 Explanation of the nature of liability in negligence
- •3.2.1 Owed a duty of care
- •Duty of care for economic loss
- •Continued occupiers liability
- •3.2.2 Breach of duty of care
- •Continued principles affecting standard of care
- •Defences
- •3.3 Explanation how a business can be vicariously liable
- •Case of Mrs y and Miss z
- •Case of Mr w and Miss z
- •Case of Mr V and Miss z
- •Case of Miss z, stu advertising agency and pqr
- •Case of pqr and Miss z
- •4.2 Applying the elements of vicarious liability
- •Case of Mr o, Mr n, Mr m and Miss z
- •Case of Mr o, Miss z and Mr l
- •Case of Mr o, Mr k and Miss z
- •Conclusion
Defences
Novus actus interveniens
There is a defence in tort, that a new intervening act can breach the chain of causations.
e.g. Ship 1 bumped into ship 2. Ship 2 is damaged and sinking – captain sent life boats with passengers and the crew. Suddenly ship 2 falls down on one of the boats – some people are dead. Families of them are trying to sue the owner of ship, but there was a new intervening act when captain sent life boats, that is why families cannot sue.
Body of opinion – if other professionals would have done the same thing this is a degence
Multiple causes
If there are many contributing factors, then your breach may not have been the cause/complex series of events
Act of God: tornado, bee stung the horse that has crashed a city, earthquake etc.
The claimant volunteered to be put in danger - volenti non fit injuria/no wrong is done who consents
e.g. Two friends were drinking alcohol and decided to fly a plane together which is one of them property. They crashed – pilot is dead, passengers are injured. One friend wants to sue another saying ‘you put me here and you did not take enough care of me’ (duty of care). But his friend`s defense was that he was a volunteer to be put in danger.
3.3 Explanation how a business can be vicariously liable
Vicarious liability is when the employer is liable fot the tort of an employee. In boarder terms it can be any situation where a colleague can be held liable for a tort committed by another employee. e.g directors can be jointly liable for each other’s actions
To show vicarious liability (assuming that tortuous liability exists) you must show two things:
An employer/ employee relationship exists, i.e. the tortfeasor in an employee not a contractor or associate. To find out this relationship control test, integration test will help.
The tort happened in the course of their duties. It was closely related to their job (if they did not have the job, they would not have committed the tort). Lister v Hesley Hall (employer did sexual actions to a child), Mod v Radcliffe cases prove that fact.
The employer is still liable even if they take care not to breach their duty of care. Vicarious liability is strict. If someone keeps something that causes mischief if it escapes they are liable even if they take responsible care.
Conclusion
In this paper I have contrasted liability in ort with contractual liability, explained the nature of liability in negligence and explained how a business can be vicariously liable.
Introduction
In this paper I will apply the elements of tort of negligence and defenses and apply the elements of vicarious liability in different business situations.
4.1 Applying the elements of tort of negligence and defences
According to elements of tort of negligence and defences I will explain if there is a contact, how the law applies, can someone sue in scenario 4.
Case of Miss Z, Mrs X and Mrs Y
Miss Z is the owner and manager of health and fitness centre and runs a high energy aerobic workout. On Thursday a large portable CD player which she usually uses was not working and she decided to use extension cable along the floor across the door used by the customers. Mrs X bought her friend Mrs Y a ticket and took her to the fitness centre. Mrs X nearly trips over the wire and she claims about breaching of duty of care and wants to sue. She cannot sue Miss Z because there was no damage to her. Then Mrs Y tripped over the wire and broke her wrist. She also wants to sue and she can do it, but only for her wrist. She cannot sue Miss Z for the ticket because she was not a party of the contract – it is the same situation as Donoghue v Stevenson 1932 when one fried bought a bottle of beer to another friend.