Legal Law of Tort

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  1. Vicarious liability 轉承責任
    • Employer responsible for acts of employee
    • Reasons:  
    • better financial position    
    • Encourage to install a safe working system
    • Stop employer hiring an employee likely to commit a tort
  2. Negligence - Duty of care
    the plaintiff must prove that:

    • 1. the defendant owes a legal duty of care to the plaintiff
    • 2. the defendant breaches the duty of care;
    • 3. the plaintiff’s loss or damage is a consequence of the breach of duty.
  3. 1. Duty of care
    • 3 factors which court considers: -
    • harm foreseeable?
    • close and direct relationship of proximity?
    • just and reasonable to impose a duty of care?               
    • Donoghue v Stevenson [1932] (Neighbour Principle)
    • Mrs Donoghue found snail in the remainder of a bottle of beer
    • Manufacturer owned the duty of care to her
    • must take reasonable care to avoid foreseeable harm to injure your neighbour who are closely and directly affected
  4. 2. Breach of duty of care
    Reasonable assessment of risk
  5. 3. Consequential damage
    • injury is caused by the negligence of the defendant;
    • there must be an unbroken chain of causation因果
  6. Contributory negligence
    Plaintiff’s injury is partly by his own fault
  7. Remedies in tort
    • Damages
    • Injunction
Card Set:
Legal Law of Tort
2014-01-13 13:02:49
legal study

legal aspect
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