TASK 7
Explain how a business can be vicariously liable
Vicarious liability
As a general rule vicarious liability only arises out of the employer/employee relationship, although it can be found in the principal/agent relationship and as an exceptional case in the employer/independent contractor relationship. It is dependent upon this type of special relationship being established.
Vicarious liability is not a tort, it is a concept, which is used to impose strict liability on a person who does not have primary liability, ie is not at fault. Literally, it means that one person is liable for the tort of another. The employer is, therefore liable for the torts of his employee. This liability only arises while the found favour with the courts …show more content…
Your analysis should include explaining the nature of elements of liability in negligence and applying the law relating to these elements to resolve the problem(s) in the case study. Refer to relevant case law and/ or legislations to support your argument.
Carlos, a banker, had invited Janet out for dinner for their first date. He made a booking with an award-winning and very expensive English restaurant – King’s Restaurant. They were getting along really well, the food was great, they shared a particularly good vintage of English wine and after the main course, Carlos asked if Janet would like desert. He was thrilled that she said yes, as he like a woman who will eat on a date. He ordered a cake and coffee foe her, and chose chocolate ice cream for himself. As Janet was eating a mouthful of cake, she spluttered, coughed, and spat out a decomposed insect. The sight of the decomposed insect caused her to suffer nervous shock and she collapsed. The restaurant bill cost £200, which Carlos reluctantly paid in order to avoid any further embarrassment. Soon after, Carlos took Janet home as she continued to feel ill. The contamination of the cake caused Janet to suffer gastroenteritis for several days. Both Janet and Carlos were mortified at the turn of events and their potential romance did not recover. However, as they …show more content…
After she had drunk half from the bottle she poured the remainder into a glass. She then saw the remains of a decomposed the snail must have got into the bottle at the man bufacture’s premises since the bottle top was securely sealed when her friend bought it. It was held that a manufacturer owes a duty of care to the ultimate consumer of his goods. He or she must, therefore, exercise reasonable care to prevent injury to the consumer. The fact that there is no contractual relationship between the manufacturer and the consumer is irrelevant to this
Explain how a business can be vicariously liable
Vicarious liability
As a general rule vicarious liability only arises out of the employer/employee relationship, although it can be found in the principal/agent relationship and as an exceptional case in the employer/independent contractor relationship. It is dependent upon this type of special relationship being established.
Vicarious liability is not a tort, it is a concept, which is used to impose strict liability on a person who does not have primary liability, ie is not at fault. Literally, it means that one person is liable for the tort of another. The employer is, therefore liable for the torts of his employee. This liability only arises while the found favour with the courts …show more content…
Your analysis should include explaining the nature of elements of liability in negligence and applying the law relating to these elements to resolve the problem(s) in the case study. Refer to relevant case law and/ or legislations to support your argument.
Carlos, a banker, had invited Janet out for dinner for their first date. He made a booking with an award-winning and very expensive English restaurant – King’s Restaurant. They were getting along really well, the food was great, they shared a particularly good vintage of English wine and after the main course, Carlos asked if Janet would like desert. He was thrilled that she said yes, as he like a woman who will eat on a date. He ordered a cake and coffee foe her, and chose chocolate ice cream for himself. As Janet was eating a mouthful of cake, she spluttered, coughed, and spat out a decomposed insect. The sight of the decomposed insect caused her to suffer nervous shock and she collapsed. The restaurant bill cost £200, which Carlos reluctantly paid in order to avoid any further embarrassment. Soon after, Carlos took Janet home as she continued to feel ill. The contamination of the cake caused Janet to suffer gastroenteritis for several days. Both Janet and Carlos were mortified at the turn of events and their potential romance did not recover. However, as they …show more content…
After she had drunk half from the bottle she poured the remainder into a glass. She then saw the remains of a decomposed the snail must have got into the bottle at the man bufacture’s premises since the bottle top was securely sealed when her friend bought it. It was held that a manufacturer owes a duty of care to the ultimate consumer of his goods. He or she must, therefore, exercise reasonable care to prevent injury to the consumer. The fact that there is no contractual relationship between the manufacturer and the consumer is irrelevant to this