ACNB A2 Mun
A report on negligence
Tittle page
Prepared for: Mr. John Andre
Lecturer of Aspects of Contract and Negligence for Business
Banking Academy, Hanoi
Prepared by: Nguyen Thanh Ha (Moon)
Registration No.: F05 – 051
Class: F05-B
Submission Date: 26 December 2013
Table of Contents
Introduction 3
Task 1 (Outcome 3.1) 3
Contrast liability in tort with contractual liability using the situations in the scenario 3
Task 2 (Outcome 3.2 & 4.1) 4
Explain the nature of liability in negligence and apply the elements of the tort of negligence and defences in situations above 4
2.1. Duty of care 4
2.2. Breach of Duty of care 5
2.3. Strict liability 6
2.4. Apply to scenario 6
Task 3 (Outcome 3.3 & 4.2) 8
Explain how a business can be vicariously liable and apply the elements of vicarious liability in the scenario above 8
3.1. Vicariously liability 8
3.2. Apply to scenario 9
Conclusion 10
References 11
Introduction
Mug-n-Sas is an electronics retailer with 5 stores throughout London, they develop especially in smartphone and tablet industry. The aim of this report is to mention about what Mug-n-Sas faces in negligence with three main tasks:
Task 1: Contrast liability in tort with contractual liability using the situations in the scenario
Task 2: Explain the nature of liability in negligence and Apply the elements of the tort of negligence and defences in situations above
Task 3: Explain how a business can be vicariously liable and Apply the elements of vicarious liability in the scenario above
Task 1 (Outcome 3.1)
Contrast liability in tort with contractual liability using the situations in the scenario
Similar: both are civil wrong and the person wronged sues in the court for compensation (slideshare.net, 2009)
Differences:
Contractual liability
Tort liability
The liability base on terms of contract: Express, Implied terms…
Not have specific term, the liability base on strict, occupier liability…
Only the parties in the contract have to do follow it and can sue
Tittle page
Prepared for: Mr. John Andre
Lecturer of Aspects of Contract and Negligence for Business
Banking Academy, Hanoi
Prepared by: Nguyen Thanh Ha (Moon)
Registration No.: F05 – 051
Class: F05-B
Submission Date: 26 December 2013
Table of Contents
Introduction 3
Task 1 (Outcome 3.1) 3
Contrast liability in tort with contractual liability using the situations in the scenario 3
Task 2 (Outcome 3.2 & 4.1) 4
Explain the nature of liability in negligence and apply the elements of the tort of negligence and defences in situations above 4
2.1. Duty of care 4
2.2. Breach of Duty of care 5
2.3. Strict liability 6
2.4. Apply to scenario 6
Task 3 (Outcome 3.3 & 4.2) 8
Explain how a business can be vicariously liable and apply the elements of vicarious liability in the scenario above 8
3.1. Vicariously liability 8
3.2. Apply to scenario 9
Conclusion 10
References 11
Introduction
Mug-n-Sas is an electronics retailer with 5 stores throughout London, they develop especially in smartphone and tablet industry. The aim of this report is to mention about what Mug-n-Sas faces in negligence with three main tasks:
Task 1: Contrast liability in tort with contractual liability using the situations in the scenario
Task 2: Explain the nature of liability in negligence and Apply the elements of the tort of negligence and defences in situations above
Task 3: Explain how a business can be vicariously liable and Apply the elements of vicarious liability in the scenario above
Task 1 (Outcome 3.1)
Contrast liability in tort with contractual liability using the situations in the scenario
Similar: both are civil wrong and the person wronged sues in the court for compensation (slideshare.net, 2009)
Differences:
Contractual liability
Tort liability
The liability base on terms of contract: Express, Implied terms…
Not have specific term, the liability base on strict, occupier liability…
Only the parties in the contract have to do follow it and can sue
References: E-lawresources.co.uk. n.d. Duty of care. [online] Available at: http://www.e-lawresources.co.uk/Duty-of-care.php [Accessed: 2 Dec 2013]. E-lawresources.co.uk. n.d. Breach of duty. [online] Available at: http://www.e-lawresources.co.uk/Breach-of-duty.php [Accessed: 2 Dec 2013]. Law.cornell.edu. n.d. Strict Liability | LII / Legal Information Institute. [online] Available at: http://www.law.cornell.edu/wex/strict_liability [Accessed: 2 Dec 2013]. Legal-explanations.com. n.d. Vicarious Liability definition. [online] Available at: http://www.legal-explanations.com/definitions/vicarious-liability.htm [Accessed: 2 Dec 2013]. slideshare.net. 2009. Law in Tord. [online] Available at: http://www.slideshare.net/btecexpert/0201compare-contrast-tort-and-contract [Accessed: 2 Dec 2013]. swarb.co.uk. n.d. Heasmans -v- Clarity Cleaning Co; CA 1987. [online] Available at: http://swarb.co.uk/heasmans-v-clarity-cleaning-co-ca-1987/ [Accessed: 2 Dec 2013].