term1 Definition1term2 Definition2term3 Definition3
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Duties of care
Make reasonable effort to prodipuce desired product. Implied in contract.
(Deliver in time)
Strict duty
(= duty of result)
Guarantee that desired result will be produced, making the promiser liableeven if failure to produce it cannot be shown his or her fault.
LA: usually LA duties are duties of care, but maybe strict liabilities:
- delegetes part of his work to someone else
- he or she is brought in to solve a particular problem.
E.g.
- negligent survey
- incompetent design
- inadequate inspection
- negligent financial advice
- negligence in certifying work
Vicarious liability
Liable for own torts. If anothers too, ~
- employer is jointly liable for employee's if the tort is committed in the course of his employment (not if independent contractor)
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