Evolution Of The Liability Of Reasonable Care Essay

Evolution Of The Liability Of Reasonable Care Essay

Length: 735 words (2.1 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

In early days, liability in bailment was absolute. The bailee, having been given the position of owner with regard to third parties, was liable to the bailor, and liability in those days meant strict liability. It was no excuse for the bailee to say that the damage or the failure to return was due to no fault of his own; he was liable in any case. The bailee had to safeguard the goods under all circumstances except against Act of God and enemies of the King.
In Southcott v. Bennet , popularly referred to as The Southcote 's case and spoken of as 'the high water mark of the theory of absolute liability ' , where goods were delivered to a bailee for safe custody andt he was robbed of them, the court held him liable, saying "it is a delivery which chargeth him to keep at his peril" , thus showing absolute liability.
Around a hundred years later, in Rex v. Viscount Hertford, this stance(of imposing absolute liability on all bailees) was softened and Pemberton C.J. refused to apply the rule...

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay about Tort Of Negligence And Vicarious Liability

- In this essay we are able to identify the Law of tort and present a case from New Zealand covering tort of negligence and vicarious liability. The word ‘tort’ is derived from the Latin term tortem to twist and implies conduct which is twisted or tortious. It now means a breach of some duty independent of contract giving rise to a civil cause of action and for which compensation is recoverable. A Tort is a species of civil injury or wrong no civil injury is to be classed as a tort unless the appropriate remedy for it is an action for damages....   [tags: Tort, Tort law, Negligence, Strict liability]

Better Essays
909 words (2.6 pages)

Occupiers' Liability from the Common Law Essays

- The first point to note when analysing occupiers’ liability is that originally it was separate to the general principles of negligence which were outlined in Donoghue v Stevenson .The reason for this “pigeon hole approach” was that the key decision of occupiers’ liability, Indermaur v Dames was decided sixty six years prior to the landmark decision of Donoghue v Stevenson . McMahon and Binchy state the reason why it was not engulfed into general negligence, was because it “… had become too firmly entrenched by 1932 … to be swamped by another judicial cross-current” Following on from Indermaur v Dames the courts developed four distinct categories of entrant which I will now examine in tu...   [tags: neighbour principle,liability act 1957]

Better Essays
1692 words (4.8 pages)

The Evolution Of Health Care Services Essay

- In the past 100 years the major trends in the evolution of health care services include the trend of “disease targets have moved from acute illnesses to chronic illnesses and “the discovery of and the wide use of antibiotics and generally improved medical and surgical treatment of acute events allowed the health services system to turn its attention to chronic illnesses as its major target for the first time” (pg 3-4). The federal government has moved to an idea of making sure the physicians are focusing on reducing the affects of chronic illnesses such as heart disease and cancer....   [tags: Health care, Medicine, Health economics]

Better Essays
1096 words (3.1 pages)

New Limited Liability Company Of Granite Cleaning Product Essay

- As the new limited liability company of granite cleaning product, the client and our CPA firms have to follow many duties and liabilities because the members are involved in decision making and are in possession of fully control. When running an LLC or any other entities, it is required that every company is responsible for having a director, officers, and members. Their members are not liable for obligations of the LLC essentially on the grounds that they are individuals. As I mention earlier, the client has to file the article of the organization, which determined whether the LLC will be managed by the members or managers....   [tags: Limited liability company, Corporation]

Better Essays
1099 words (3.1 pages)

Liability of Vessels for Collisions Caused at Sea: Case Study Essay

- In the given case study a dispute will arise between the four parties to determine the liability of each vessel for multiple collisions caused at sea. In summary, the facts are that the Flipper was crossing the Britannia Straits traffic separation scheme but was not making proper use of the crossing points. The Willie, a bulk oil carrier which was adhering to the scheme, spotted the Flipper and foresaw the risk of collision so the captain issued a series of warnings. The Flipper ignored these warnings thinking she had enough time to pass....   [tags: Civil Liability for Accidents at Sea]

Better Essays
2394 words (6.8 pages)

Scope Of Liability : Vicarious Liability Essay

- 4.0 Scope of Liability 4.1. Vicarious Liability Vicarious liability refers to an employer’s liability for the negligent acts of its employees pursuant to s 32I of the CLA. Schools are vicariously liable for the acts of their teachers or other employees in the course of their employment (‘authorised acts’) as well as unauthorised acts so connected with authorised acts that they may be regarded as modes, albeit improper modes, of executing an authorised act. This remains the case even if the school has expressly prohibited the way in which the teacher performed the act....   [tags: Tort law, Tort, Law, Common law]

Better Essays
1122 words (3.2 pages)

Essay on Pros Of Limited Liability : Liability

- Pros of Limited Liability • Limited liability: This means that the owners and shareholders personal property are protected when the LLC is bankrupt or sued. Also, in some cases of fraud and illegal acts the courts will pierce the corporate veil that protects the member or members so that they become personally liable for such acts. However, it was said that since there are little to no precedent in this area of such law it is difficult to determine under which circumstance the veil would be removed....   [tags: Corporation, Limited liability company]

Better Essays
702 words (2 pages)

The Evolution Of Health Care Essay

- The Evolution of Health Care Health care systems in most advanced countries aim at producing the comprehensive range of services to their people. They are inclined towards providing equity, and to have a good and a well-tolerated response from the public. Approaches that have been provided towards achieving this plan lies with the governance that is provided (France & Taroni, 2005). It is critical to have a close check at this as it determines the level of providing and maintaining the flow of health care to the general population....   [tags: Health care, Healthcare, Health economics]

Better Essays
1568 words (4.5 pages)

Occupier's Liability Essay examples

- Occupier's Liability Objective The objective of this document is to outline the obligations of the RSPB, as occupier of property. The obligations are set out in two Occupier's Liability Acts 1957 and 1984, and are owed to persons who enter RSPB property either as licensed visitors, or as unlicensed trespassers. The document does not purport to cover every particular situation and those in any doubt should consult Legal and Compliance as to secure their own position. Overview The RSPB owns large quantities of real estate, including many public reserves....   [tags: Papers]

Better Essays
1131 words (3.2 pages)

Product Liability Essay

- Product Liability This week's question concerns liability and moral responsibility in consumer products. As the question is multi-part, the answer will be likewise. To begin, the first question addresses who should be liable for the voluntary actions of others. Specifically, if substantial information concerning the hazards of a product or service has been offered to the consumer, who is to blame if someone is injured. Similar to most questions derived from this course, the answer is "it depends." From a legal standpoint, the contract or arrangement must first be analyzed....   [tags: Papers]

Better Essays
1185 words (3.4 pages)