Assignment 2: Law of Torts
Submission date: 25.4.2012
By Anna Permall
Verity Smith runs a small printing business in Whitstable, Kent. Verity’s business has been thriving and she is looking to expand her business into other parts of Kent. She would like some advice regarding the following incidents:
(i) Lesley, the Office Manager, suffered serious injuries to her
Hands and face when her IPAD2 provided by Verity exploded at her desk.
(ii) Peter, the delivery driver, was making a delivery to a firm in Faversham when he collided with a car driven by Susan Smith.
Peter was responsible for this accident because he was in a hurry to make his delivery on time.
(iii) Verity wanted some financial advice about diversifying her portfolio of investments. She approached a firm based in Canterbury about this and was advised to invest some money in a firm called Rephine Consultants (pharmaceutical consultants). She made it clear to the financial advisors that she was relying on their advice to carry out these investments and was assured that Rephine Consultants was a reputable business and financially stable. Last week Rephine went bust and she now stands to lose quite a lot of money.
(i) Explain the nature of the duty of care owed under the Occupiers’
Liability Act 1957 to ‘visitors’, including children and those acting in the exercise of their calling.
(ii) Explain the three requirements necessary to establish liability in negligence. (iii) The doctrine of vicarious liability imposes liability on one person for the wrongful acts of another.
(i) Lesley, the Office Manager, suffered serious injuries to her hands and face when her IPAD2 provided by Verity exploded at her desk.
The health and safety executive (HSE) is responsible for enforcing health and safety standards as outlined under the Health and Safety at Work Act 1974. It is a criminal offence for an employer to breach this Act
Bibliography: 1. Jones. Michael A, Textbook on Torts, 2000, p379 2