Seminar 7 Vicarious Liability The problem question deals mainly with the issue of Vicarious Liability and Negligence. In order to advise Jerry one would have to explore the rules of vicarious liability‚ relevant statute law and case law which may apply. Vicarious liability has been defined as the person who commits a wrong must be an employee and not an independent contractor‚ the employee must have committed a tort and the tort must have been in the course of employment. The doctrine of ‘vicarious
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How conflicts arise When you consider what a diverse society we live in‚ with so many different backgrounds‚ perspectives and approaches to life‚ it is not surprising that conflict is established as part and parcel of our everyday life. This is because people will have competing interests and competing perspectives in relation to the same issues‚ and so we should not be surprised when tensions exist between individuals and groups. The idea of ever achieving a society with no conflict is clearly
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system‚ a tort is best defined as an injury or loss that was committed deliberately or negligently by a single person or an entity (Crane). The history of tort law can be traced back to the initial trespass of property or person‚ but it was not until the 18th century that the distinction between intentional and unintentional acts was made (Columbia Electronic Encyclopedia). In recent years‚ tort law has become the center of scrutiny through the increase in tort costs‚ insurance liability costs‚ and
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THE ROLE OF TORT LAW Compensatory Function: -Compensation for people who are injured by a wrong‚ injury to the person ‚ or to the property Torts law can be divided into trespass action on the case and statutory torts TORT LAW REFORM Torts law used to be judge made‚ similar to common law 20th century statues came in Workers Compensation scheme‚ Motor Accidents Scheme‚ Occupational Health and Safety (Factories Act)‚ Dust Diseases Schemes. Drug Compensation Schemes (uk). Characteristics
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Negligent Tort Negligence is neglect or disregard. Tort is a legal misgiving. Negligent tort is a type of tort in the legal system. The concept encompasses that of which an occasion where an individual’s “acts leading to injury are neither expected nor intended.” (Yell‚ 1999) In this paper‚ the elements of a negligent tort‚ the concepts of proximate causation and duty of care‚ and types of remedies for finding tort liability will be explored. Elements of Negligent Tort There are three
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Products Liability 1. Construct a fact pattern [an example] to clearly delineate: a. A Manufacturing Defect: A car’s braking system that does not work properly and causes the driver to get into an accident. b. A Design Defect: A type of sunglasses that fail to protect the eyes from ultraviolet rays. c. A Marketing Defect: Prescription drugs advertised as “virtually non-toxic‚” “safe‚” and “free of significant side effects” when they are not. They failed to state
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meat which goes bad. Advise what legal liabilities arise out of this situation. Cite case authority where relevant. ISSUES Is Bob liable to Mary and to what extent? Does Bob have any defenses? Is Tom liable to Sam and to what extent? LAW In this case we are dealing with tort law and more specifically negligence in tort law. Negligence in tort law requires the plaintiff to prove the
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TORTS – PRETEST (5 points each) Question 1 A HARMFUL OR OFFENSIVE CONTACT IS AN ELEMENT OF WHICH OF THE FOLLOWING TORTS? intentional infliction of emotional distress conversion BATTERY slander Question 2 AFFIRMATIVE DEFENSES IN TORT ACTIONS COMMONLY INCLUDE ____. assumption of risk contributory negligence comparative negligence ALL OF THE ABOVE Question 3 ASSAULT‚ BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____ TORTS THAT INVOLVE INTERFERENCE WITH A PERSON’S BODY. INTENTIONAL
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Torts Notes – Negligence Contents 1 Preamble 2 1.1 Concurrent Wrongdoers 2 1.2 Death 2 1.3 Apologists 2 1.4 Vicarious liability/non-delegable duties 3 2 Duty of care 5 2.1 Immunities 5 2.2 Omissions/failure to control third party 6 2.3 Atypical Plaintiffs 6 2.4 Unborn Child 6 2.5 Mental Harm/Nervous Shock 7 2.6 Statutory Authorities 8 2.7 Pure Economic Loss/Negligent Misstatement 11 3 Breach of Duty 12 3.1 Section 5C 12 3.2 Obvious risks 12 4 Causation 13 4.1 Res ipsa loquitur
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Question 4 (a) Identify TWO types of health and safety inspection. (2) types of health and safety inspection such as pre-use checks for example of portable appliances or ladders; general periodic workplace inspections; statutory inspections and those associated with planned preventative maintenance;
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