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3 Cards in this Set
- Front
- Back
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Duties of care |
Make reasonable effort to prodipuce desired product. Implied in contract. (Deliver in time) |
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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 |
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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) |
