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Tort principles of negligence
Tort law case studies on negligence
Tort principles of negligence
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There are several issues which arise from this case of the Hill Top Café which owned by Anneke. For the first circumstance, a general issue which concerning the tort of negligence is considered. The problem is that has Anneke been negligence. Then, in the subsequent situation, it includes the general issues about vicarious liability and negligence, and the particular issue of claims for physical injuries. Therefore, does Anneke have a vicarious liability should be concerned and has Ivan been negligence for the lamp post and Steve’s motorbike. Meanwhile, who has the responsibility to compensate the injury of Steve? The issue of vicarious liability arises in employment situations and there are two main questions should be considered. 1. Was …show more content…
However, if an action is done during the course of employment and it is done followed the expressly or impliedly awarded by the employer, furthermore, the employer may foresee and forbid the activity which will cause loss and damages or even the tort was committed for the employee’s own fraudulent purposes, the employer will not relieve from liability. Another consideration is that the victim can sue the tortfeasor or the party vicariously liable, or both as joint tortfeasors. This was established in Mainguard Packaging Ltd v Hilton Haulage Ltd. There are three criteria which should be proved by plaintiffs to be able to sue successfully in negligence action. 1. The duty of care The plaintiff must indicate that the defendant owed the plaintiff a duty of care which means a person has a legal obligation to take reasonable care to avoid actions or omissions when he or she can foresee a loss or damage to someone who is in a proximate relationship to he or she due to his or her careless. 2. Breach of the duty of care If the defendant does owe a duty of care to the plaintiff, the courts will go on to determine whether the defendant is in breach of the duty of care by using an estimated approach. The approach will reflect whether the defendant breach the standard of care when a reasonable person is in the similar circumstances and what he or she will …show more content…
It makes waiters need to shoo them away frequently. As an owner of this café, Anneke has the responsibility to know this situation of her outside courtyard and also has the duty to provide a comfortable and safe environment for her customers. However, Anneke breach the duty of care because she did not take any actions to avoid pigeons looking for food or make signs to warn her customers carefully of this situation. Consequently, a customer fell off her chair and her expensive laptop computer broke because of the pigeon and this should be foresee by Anneke. Therefore, the loss also corresponds with the third element of
(5 points) Based on the facts of the case you have selected, is it possible the employer can also be held criminally liable? Explain your answer.
A dentist fits several children with braces. The children are regular patients of the dentist. The results for some of the patients turn out to be unacceptable and damaging. There are children who have developed gum infections due to improperly tightened braces. Some mistakenly had their permanent teeth removed, while others have misaligned bites. A local attorney becomes aware of these incidences, looks further into it, and realizes the dentist has not been properly trained and holds no legal license to practice dentistry or orthodontics. The attorney decides to act on behalf of the displeased patients and files a class action lawsuit. The attorney plans to prove the dentist negligent and guilty of dental malpractice by providing proof using the four D’s of negligence. The four D’s of negligence are duty, dereliction, direct cause and damages.
All that in all the relevant circumstances including the fact of the defendant's occupation of premises and the manner of the plaintiff's entry upon them, the defendant owed a duty of care under the ordinary principles of negligence to the plaintiff. A prerequisite of any such duty is that there be the necessary degree of proximity of relationship. The touchstone of its existence is that there be reasonable foreseeability of a real risk of injury to the visitor or to the class of person of which the visitor is a member. The measure of the discharge of the duty is what a reasonable man would, in the circumstances, do by way of response to the foreseeable
To succeed in a negligence action, you must prove each of the following. The first element, did George owe the plaintiff a legal duty of care? Legal duty of care paradigm includes that a person acts towards others with attention, prudence, and caution. George owed a duty of care to people by leaving his car in park.
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
In the case study 4.1 (Tardif v. Wiebe), we learned that vicarious liability does not always applied on employers for employee’s wrongdoings. In most cases, the decisions are made upon determining weather employee was acting in their own personal capacity and interest, or in the course of their employment.
The responsible party for her injuries is the company. This being in accordance with the vicarious liability laws. This is because, Sitters has insurance on the vehicles and on the other hand Allens maintain insurance on their personal vehicles. Therefore, Sitters has no responsibility according to the vacarious liability laws. Moreover, it is evident that the doctrine of vicarious liability imputes the wrongful conduct of a tortfeasor to a third person who is considered to be responsible for the tortfeasor’s actions. This responsibility arises out of a special relationship, e.g, in employment relationships, family relationships
Duty of care is legal obligation to ensure the well-being of a service user, safeguard service users from harm while they are in your care.
The engineer breached the duty of care through failing his/her duty to warn by providing insufficient warning on the limitation of the application. His/her software application caused the structural firm to designed a defective bridge and was the direct cause of many deaths. The junior engineer should be held liable for his/her product due to the principle known as product liability. This is evident in the case study because deaths and injuries due to defective product as a result of the software were foreseeable. Looking at the 1971 case of Lambert v. Lastoplex Chemicals Co. Limited et al., the manufacturers must not only instruct the user how to properly use the products but also warn the user the consequences of misuse []. This precedent case proves that the engineer failed to warn the structural firm of the limitation of the application as well as failed to warn the consequences of using the application beyond its capabilities. However, the information technology firm may be held vicariously liable for the mistake of the junior engineer as he/she developed the software application during his/her employment. The reason being the employer generally has deeper pocket than the employee [] and the collapse was a result of the junior engineer developing the application under the authority of the employer. Thus, the junior engineer is one of the tortfeasor to which the information firm maybe vicariously liable for his/her
“Duty of care is an obligation owed to anyone who could be injured by a person’s lack of care. It must be ‘reasonably foreseeable’ that an injury could result from the lack of care” (Townsend & Luck, 2013)
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
Vicarious liability is incident only to a relationship of controlled employment, tr... ... middle of paper ... ... n any case the insurance premium that covers the claim is generally cheaper than if the employer was to directly compensate the tort victim. Therefore, the principle of vicarious liability is the best compromise which could have been reached between the needs of tort victims for compensation and the freedom of businesses to operate without excessive burdens. --------------------------------------------------------------------- [1] P418.
Review the scenario below. Consider the legal principles influencing the likelihood of any successful action against Steve in negligence.
Vicarious liability is established in a relationship between an employer and employee according to the stipulated contract. When an injury occurs to a student, the parents are more likely to directly sue the school rather than the teachers simply because the school has ‘deeper pockets’. One of the traditional principle of negligence is that a defendant is at fault of the injury of the plaintiff. According to corrective justice theory, the teacher is obliged to restore the student back to his or her original state before the injury. However, the burden is too heavy for a teacher to compensate every damage the court finds he or she is accountable of therefore, vicarious liability shifts the burden of compensation. In other words, the doctrine of vicarious liability improved the weak aspect of corrective justice theory therefore,
An action may be brought against A or B, or both. The paradigm example of vicarious liability is that of an employer’s liability for the torts of their employees committed within the course and scope of their employment. This is not the only example where such liability operates, for example, it also applies in the context of principal and agent