Tort law

In the context of employment English tort law imposes vicarious liability upon employers for the misconduct and failings of employees where the misconduct is within sufficient proximity or is in connection with the employee’s duties. In recent years the law of vicarious liability has been on the move. Consequently, employers can now be held liable for the criminal misconduct of their employee’s provided that the criminal act is linked to the employment duties of the personnel involved. The…

Tort law Name Institution Facts Alan suffered a heart attack while driving and lost control of his car. The car collided with a stall from which Bill was selling tea to passersby. Bill was not injured by the collision but the sudden jolt caused him to drop a kettle, which he was holding, and the burned his hand. A group of children and their teacher who were walking towards the stall ran into the road to avoid the collision. Dave who was driving along the road swerved to avoid hitting…

`Unlocking Torts` (4th edn, Taylor &Francis 2014) 80 b. OSCOLA for bibliography: Turner C, Unlocking Torts 4th edn. (Taylor &Francis) 2014 2. “Causation is established by proving that the defendant`s breach of duty was, as a matter of fact, a cause of the damage. To decide this issue the first question to be asked is whether the damage would have occurred but for the breach of duty. This known as the ‘but for’ test.” a. OSCOLA for footnote: Catherine Elliott and Francis Quinn, Tort Law (9th…

The Case of Negligent Tort On April 23, 2015, the Consumer Product Safety Commission announced the recall on Roberta Roller Rabbit Children’s Pajama Sets due to a violation associated with the required Federal Flammability Standards. The Recall number is 15-122, according to the Consumer Product Safety Division the product does not meet the Flammable Fabrics Act, “The children’s pajama sets fail to meet federal flammability standards for children’s sleepwear.”(www.cpsc.gov 2015). The Consumer…

directly mean that a person literally intended for an illicit result to occur, intent can also translate to something additional happening as a result of the perpetrator 's actions. For this case, intentional tort is a specific kind of intentionality that is especially relevant. For this kind of tort to occur, the defendant doesn 't have to know that their action will cause certain consequences with damage to the plaintiff, they must only know that their action will have a consequence. This can…

if Rebecca can sue Michelle for negligence based on tort law and Rebecca?s decision to accept the ride home even if she knows that Michelle was drunk to drive. Rule The court needs to prove that Michelle has a duty of care to Rebecca. Secondly, there needs to be a breach of this duty due to the negligent conduct of Michelle. Thirdly, Rebecca should have suffered harm due to the duty of care infringed by Michelle. These three aspects of the tort of negligence along with the relevant defence that…

to prove that her assistant was aware of the commitment he’d made in this contract and that the contract was intentionally breached (Yates, 121). Vicarious Liability. The concept of vicarious liability occurs when one person is responsible for the torts of another, even when they aren’t at fault.…

Question 7 – Across more than one Learning Outcome (30 marks)- 1500 (a) identify, with justification, one significant employers’ liability risk facing the sports centre. (3)-150 Employee Slips & Trips in Restaurant - As the risk manager I would consider the risk of slips and trips of employees working within the premises, particularly the restaurant. Slips and trips are a big problem in catering areas, employees “working in kitchen and food service environments are more likely to be injured…

Australia ‘498’ The Australian tort system has been bombarded with numerous criticisms. The honourable Spigelman observation of the insurance crises was that it ‘… reached … fever pitch, in the course of which there were virtually daily reports about the social and economic effects of increased premiums … even hospitals; the early retirement of medical practitioners and their refusal to perform certain servers, particularly obstetric; the inability of other professionals to obtain cover from…

Contributory negligence is a common law tort where a plaintiff was completely barred from recovering damages if they (plaintiff) were negligent in any way for causing the accident. This would hold true even if the defendant’s negligence were greater and far more serious than the plaintiff’s (“Contributory Negligence,” n.d.). Our week #5 video provided an excellent history of the courts change from contributory negligence to comparative fault. The issue with contributory negligence, as stated…