Report on Aspect of Contract and Negligence for Business

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Report on Aspect of Contract and Negligence for Business- Lo- 3, 4

Executive Summary

In this report the materials are what is Liabilty in Tort,Contractual liability,Nature of negligence what the elements of Tort, what Negligence, Vicarious Liability is and what is elements of negligence and I have explained how the elements of the tort of Negligence effect the business situations and how the elements of Vicarious Liability effect in business situation.

Table of Content

Topic

Page No.

Letter of transmittal

2

Acknowledgement

3

Excutive Summary

4

Contrast liability in tort with contractual liability

6

The Nature of Negligence

7-8

Vicariously Liable

9

Tort of negligence and defences in different business situation

10

Vicarious Liability

11

Reference

12

Contrast liability in tort with contractual liability

Liability in tort- Some sort of tort is really a legitimate time period expounding on a new violation where one person reasons injury, personal injury, or even difficulties for another individual. Your violation might originate from intentional measures, a new break connected with work like negligence, or even caused by a violation connected with statutes. Your bash in which commits the actual tort is termed the actual tortfeasor. Some sort of tortfeasor incurs tort the liability, which means that they'll need to pay the actual target to the damage they brought about them..In other words, this tortfeasor who is located for being “liable” as well as accountable for a new person’s accidents will likely be required to pay out injuries. Beneath most tort laws, this damage sustained through the plaintiff won't have to essentially end up being physical. Any tortfeasor may perhaps be required to pay out injuries intended for other forms involving cause harm to, which includes emotive worry or a violation involving personalized privileges.

For Example- Garratt v. Dailey

Five year old Brian Dailey (D) pulled a chair out from under Ruth Garratt just as she was about to sit causing her to fall and break her hip. Garratt brought suit for personal injuries and alleged that Dailey had acted deliberately. The trial court entered judgment for Dailey and found that he had not intended to injure Garratt. The court nevertheless made a finding of $11,000 in damages in case the judgment was overturned on appeal. Dailey appealed.

Contractual Liability-

Contractual the liability is thought as any the liability that is just not gonna come up incidentally involving negligence, although by means of predictions within contract or even deal. It is often misunderstood, in which this sort of the liability is vital into the insurance coverage in addition to threat managing industrial sectors.This insurance protects the insured in the event of damage, he assumed liabilities, expressed or implied, is made ​​under a written agreement for the. For example, the construction contract with a municipality, the contractor for any accidents arising out of job "hold harmless municipality" is agreed to. The municipality will be responsible to create contractual liability insurance, which will protect the contractor from any damage.

For Example Tesco v Constable

The Nature of Negligence

Negligence- Negligence is usually a inability make use of sensible care in which ends up with problems for a different bash. Below carelessness legislations, there are 2 various kinds of carelessness. In one variety, a person can an issue that a practical person won't complete. Inside different variety a person does not work out to take action which a sensible person might decide on keep damage.Both forms of negligence can result in anegligence lawsuitfiled against the party responsible for the damage.

Nature-

Duty of Care-the defendant owed them a duty of care;

Duty of carerefers to the circumstances and relationshipswhich legal issues acknowledges as giving surge into a legal work to adopt health care. A failure to adopt like health care could lead to the actual opposition currently being prone to shell out damage into a get together who's going to be damaged as well as is afflicted with burning. as a result of their breach ofduty of care. Therefore it is necessary for the claimant to establish that the defendant owed them aduty of care.The existence of aduty of caredependsonthe type of lossand different legal tests apply to different losses. Thislecture considers the position in relation to personal injury and property damage. Seethe other lectures forpsychiatric injury, pure economic loss and defective items.

For Example-Donoghue v Stevenson.

Breach of Duty- the defendant was in breach of that duty;

Breach of dutyin negligence liability may be found to exist where the defendant fails to meet the standard of care required by law.Once it has been established that the defendant owed the claimant a duty of care, the claimant must also demonstrate that the defendant was inbreach of duty. The test ofbreach of dutyis generally objective,however, there may be slight variations to this.

For Example-Vaughan v Menlove(1837)

Causation- the breach of dutycaused damage and;

Causationrefers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage.Causationmust be established in allresultcrimes. Causation incriminal liabilityis divided intofactual causation andlegal causation. Factual causation is the starting point and consists of applying the'but for'test. More often than not, where right now there exist not any complicating factors, factual causation without attention will probably be all you need to determine causation. However, in certain circumstances it will always be needed to consider appropriate causation. Under appropriate causation the actual result should be the consequence of culpable take action, there isn't any qualification that this take action from the defendant had been the sole bring about, there has to be not any novus actus interveniens plus the defendant should acquire his or her unwilling recipient while he or she confirms your pet (thin mind rule).

For Example- R v White[1910]

Damage- the damage was not too remote

A pecuniarycompensationor indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, orinjury,whether to his person, property, or rights, through theunlawful actoromissionornegligenceof another. For Example- Scott v. Donald

Remoteness

Relates to the requirement that this harm should be of the direct kind. In negligence boasts, once the claimant has established that this opponent owes these some sort of job of treatment and is particularly throughout break of their job that has caused harm, they have to additionally display that this harm wasn't too remote. Seclusion of harm need to be applied to boasts beneath the Occupiers Liability Works and nuisance boasts.

Remoteless of damage can often be known as an additional procedure of managing tortious responsibility. Its not all decline will be recoverable throughout tort regulation.. Originally a defendant was liable for all losses which were a direct consequence of the defendant's breach of duty:

For Example: Re Polemis & Furness Withy& Company ltd.

Vicariously Liable

Vicarious liability is the process of holding a person accountable for the actions of another person. Often, the concept of vicarious liability applies toemployer liabilityfor the actions of their employees.

If someone is injured in the course of their employment, an employee, the employer may be subject to vicarious liability. This is only the injured person rather than the employee, the employer will not be able to win compensation for the damage.It's compensation for an employer to an employee rather than an injured person is often pursue. It is likely that the employer has insurance cover for damage, the "deep pockets", and, in general, greater than the employee who the employer may have the financial means because.These employees can always count on getting away Scot-free, though, is not to say. Vicarious liability, even if the injured person will not necessarily give up any rights he did not pursue individual employees. For some reason, the injured person is unable to get compensation from the employer in full, then the employee may seek to recover the balance. (In practice this rarely happens, though) In addition, the employer may seek reimbursement for any amount paid to the person injured as well.In the insurance business, employers and employees of their employment, they must generally be vicarious liability for the damage will be estimated.

For Example-Lister v Hesley Hall Ltd (2001)

Tort of negligence and defences in different business situation

Anz properties and Golam Morshed

There is a contract between Anz Properties Limited and Golam Morshed with some law on terms which includes all terms and condition.This contract form was made by Anz Properties limited.After signing the contract this shows that both parties are agreed with the terms and conditions.There is also written in the contract that anz properties have to include earthquake prove materials. After completing the project anz properties handover the building to Golam Morshed.After few years in 2005 there was earthquake in Bangladesh and it has been effected many building including Golam Morshed Apartment.So Golam Morshed went to Anz Properties office and and said about this things but Mr Humayan Parves was denying this things that they included earthquake prove raw materials.Then Golam Morshed went to the court to sue them and the court give the permission to investigate.The investigator found that they have been used but they used very poor raw materials but in contract there was written they will use best raw materials in buildings.So investigators it was a negligence and it is done by Mr Humayan Parves and this was a breach of duty.

So after getting all the prove ,the court odered anz properties to renovate the whole building or give some money to Mr Golam Morshed.For anz properties it was a great loss and Mr Humayan Parves is responsible for that.

Nanna Biriyani

There is a contract between Nanna Biriyani and Hazi Monjur with some law on terms which includes all terms and condition.This contract form was made by Nanna Biriyani.In terms condition Nanna Biriyani specifically said that they will never harm their customer by serving germs food.So in 2007 in the month of Shab-E-Barat night there will be full of customer in Nanna Biriyani Branch at Becharom Dewari,there are very crowd at that night,So by mistake one staff gave expired Bhorhani which was made before Shab-E-Barat and it was not preserved in Freeze.After drink that Bhorhani customer become ill very badly after that he admitted in the hospital,After few days he again came back to Nanna Biriyani and claim about Bhorhani but the staff denied about the matter so claimant went to court to sue them.The court give the permission to investigate.The investigator found that there was a negligence by staff and claimant become ill because of that and the supervisor whose duty to check this kind of situation who did not check it properly so it was his breach of duty.

Vicarious Liability

Bellal Pharmacy

In 2009 there was pharmacy store at lalbagh.Mr belal is selling all times of medicine,Day-by-Day his business is going so well.He is very well known in Lalbagh.So one day one customer came to buy Rice Saline for his sister.The customer bought 6 rice saline without checking the expired date.His sister ate the rice saline and become ill and after few days she become very ill. After investigating all this things the customer went to the court to sue him.The court give the permission to investigate his pharmarcy store.The investigor team found that Mr bellal is selling expired date medicine from long time ago by changing the date with his Marker.Mr bellal agreed this things and agreed to give full compensation and treatment cost of that customers.So Mr.bellal is liable for this situation.

Nanna Biriyani

As we all know that nanna biriyani is one of the tasty food in Bangladesh.So in 2012 to make more profit they used to give filter water.So one day there they forget to bring the water tank and they give customer unboiled water directly from water pump.Many customer drink and become ill because the customer did not know about the matter.if they obiviously they wont drunk this types of water.So after few days many of the customer came and claim nanna biriyani but they denied.So many people went to the court to sue them. The court give the permission to investigate nanna biriyani.After investigate Nanna Biriyani the investigator team found some times they do this things and they agreed.so Nanna Biriyani was vicariously liable for this things and nanna biriyani gave a compensation or treatment cost of the claimant so it was great loss for the organization and it might be effect very badly on the reputation of the organization.

Reference

Turner & Hodge, CR & SH, 2004.. (2012).unlocking tort.Available: www.findlaw.co.uk/law/accidents_and_injuries/accident_claims/500045.html. Last accessed 11/June/2014.

Turner & Hodge, CR & SH, 2004.. (2012).unlocking tort.Available: www.legalmatch.com/law-library/article/tort-law-liability.html. Last accessed 11/June/2014.

Turner & Hodge, CR & SH, 2004.. (2012).unlocking tort.Available: http://torts.uslegal.com/negligence/defenses-to-negligence/. Last accessed 11/June/2014.

Turner & Hodge, CR & SH, 2004.. (2012).unlocking tort.Available: http://www.rehab-bd.org/viewCompanyPage.php?companyID=1468&action=contact . Last accessed 11/June/2014.

Turner & Hodge, CR & SH, 2004.. (2012).unlocking tort.Available: www.antiessays.com/free-essays/Vicarious-Liability-One-Of-The-586216.html. Last accessed 11/June/2014.

Turner & Hodge, CR & SH, 2004.. (2012).unlocking tort.Available: www.avvo.com/legal-answers/are-we-really-liable-and-what-are-our-options--960989.html. Last accessed 11/June/2014.

Turner & Hodge, CR & SH, 2004.. (2012).unlocking tort.Available: http://www.louisianapersonalinjurylawyerblog.com/2013/04/understanding_the_duty_of_care.html. Last accessed 11/June/2014

Turner & Hodge, CR & SH, 2004.. (2012).unlocking tort.Available: http://www.e-lawresources.co.uk/Duty-of-care.php. Last accessed 11/June/2014.

Book Reference

Turner & Hodge, CR & SH, 2004. (2004).unlocking tort. london: Turner & Hodge. 1-100.

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