Essay about Tort Of Negligence And Vicarious Liability

Essay about Tort Of Negligence And Vicarious Liability

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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. It is usual to say that a person is liable in tort irrespective of whether or not a judgement for damages has been given against him. He is liable from the moment he commits the tort. There are categories of torts an Intentional torts against the person can be an act of assault, battery, false imprisonment, intentional infliction of mental suffering, malicious prosecution, libel and slander, and fraud and property torts trespass to property, trespass to chattels and conversion. Negligence covers the full scope of human activity for example product liability, “slip and fall”, negligent misrepresentation and professional negligence that will be further explain in this essay and lastly, strict liability torts an act of nuisance. Going back to the Tort of Negligence first what is Tort of negligence? To define Tort of negligence a doing that thing which is reasonably prudent of person should not have done or not doing a thing which a reasonably prudent person should not have done. One elements is negligence claim a duty of care owed by defendant to the plaintiff according to the proximity principle. It’s a professional act have a duty to exercise the skill, care and diligence that may reasonably b...


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...ucks directed onto property. Applicant not a party to that contract and exclusion clause was not brought to Applicant’s attention, therefore exclusion clause does not apply to Applicant driver was an agent for the Respondent and carrying out the Respondent’s business at the time. Therefore, Respondent vicariously liable for driver’s negligence, costs claimed for temporary and full repairs reasonable claim allowed, Respondent ordered to pay Applicant $5,151.29. According to the Law of New Zealand when driving a vehicle, a driver has a duty to take care to avoid damaging property belonging to others. Any failure to do so breaches that duty and renders the driver liable for the cost of repairing the property. If the driver is an agent for the owner of the property and is undertaking the owner’s business, the owner can be held vicariously liable for the driver’s actions.

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