Table of Contents
Law plays important roles to protect benefits, obligations and bringing fair for everybody in society. This report gives information about tortuous liability, contractual liability, vicarious liability, the tort of negligence and defences. After that, I can determine liability of person who is responsible when violations as well as providing advices for the legal problems in business of VJSC.
(3.1) Contrast liability in torts with contractual liability Tortuous liability will be applied when occurs the law violation of civil nature that infringes on the rights and legal interests of others as a legal entity or individual. In addition, the rights and legal interests are not specified in the contract between the parties. Contractual liability is the parties sign in the contract based on satisfy about agreement, negotiation and terms of contract. They are completely voluntary to enter into a contract and having contractual liability each other. The tortuous liability and contractual liability have the same point are violations of the law and suffer liability under civil law. The liable party has responsibility for compensation by payments for any losses from their wrong. Differences:
- A law violation of non-contractual damages.
- Parties related to the violations which they have no contractual relationship with each other even they are strangers.
- Tort is the basis for generating tortuous liability so the person wronged has responsibility to any persons who are damaged from their behaviour.
- Cannot measure clearly the damages.
- Difficult to determine exactly compensation rate so the compensation will be based on the actual extent of damage occurred. - A violation of the contents which parties signed in the contract.
- Parties have a close relationship because they have time for agreements and sign the contract together.
- If the breach of contract occurs that the person violated have a contractual liability to the other party of the contract.
- The damages can be quantitative because they are regulated in the contract.
- The compensation under the liquidated damage that means compensation which determined based on the formula and stipulations that the parties have agreed in the contract. (3.2) Explain the nature of liability in negligence & (3.3) Explain how a business can be vicariously liable A human who lives in society must follow the provisions of law is having a duty of care by respecting and protecting the rights and benefit legal of others. Negligence is behaviour which infringes on the rights and legal interests of others. However, these behaviours are not deliberate actions by an individual or entity who did not perform well their reasonable care which bring the consequences of monetary damages or personal injury.
To sue a person who violating behaviour of negligence, the claimant need to prove those factors: Defendant owes the claimant a duty of care.
Defendant breaches the duty of care.
The tort of negligence has to a direct reason that brings damage or loss for the claimant.
Vicarious liability is many people who related to damage occurs will have responsibility for the damage by misconduct. In business, the relationship of employer and employee is an important part of vicarious liability because employers will have the strong financial capacity to compensation to the injured party. Therefore, employer will be the main responsible for damage caused by their employee prescribed by law. After that, the employee has to refund that amount for employer.
There are factors to determine vicarious liability between employer and employee: They have a valid relationship employment between employer and employee. Employee implements the tort act in the course of their work that base on the agreement and requirement of employer.
Case 1: there are two problems occur.
References: Business essentials – Supporting HNC/HND (2010) - London: BPP Learning Media Ltd – Aspects of Contract and Negligence for Business Course book, Introduction to types of tort, chapter 12.
Business essentials – Supporting HNC/HND (2010) - London: BPP Learning Media Ltd – Aspects of Contract and Negligence for Business Course book, Business and economic tort – Negligence, chapter 13.
Business essentials – Supporting HNC/HND (2010) - London: BPP Learning Media Ltd – Aspects of Contract and Negligence for Business Course book, Business and economic tort – Occupiers’ liability, chapter 13.
Business essentials – Supporting HNC/HND (2010) - London: BPP Learning Media Ltd – Aspects of Contract and Negligence for Business Course book, Defences and remedies in tort – Unavoidable accident - case Stanley and Powell 1891, chapter 14.
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