商務(wù)契約關(guān)系outcome3

1、1a. Explain the duty of care The meaning of duty of care is no liability for a failure to take due care unless there was a duty to take care in the first place. A duty of care is imposed by both the common law and by sta

2、tutory law. For example, the provisions of the Health&Safety At Work Act1974. The duty of care is therefore someone whom the defender ought to have contemplated as within sufficient proximity to the defender to be ow

3、ed a duty of care. you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law , is my neighbour? The answer seems to be : persons

4、 who are so closely and directly affected by my act that i ought reasonably to have them in contemplation when i am directing my mind to the acts or omissions which are called into question. In the Donoghue v Stevenson(1

5、932) case, in this case, Mrs. Donoghue bought an opaque bottle of ginger beer for her friends in a cafe in paisley, and the shopkeeper poured some ginger beer over ice cream in a glass which Mrs. Donoghue drank. Then ,he

6、r friends find out the decomposed snail in the bottle. Mrs. Donoghue alleged because drunk the contaminated ginger beer, she suffered a serious illness. Because Mrs. Donoghue didn't have a contract with the seller n

7、or with the manufacturer of the goods, So the only saving way is the manufacturer not taking care in the production of the product.( Business Contractual Relationships F84N 34 P279-283)b. Is Carla correct? The common la

8、w and statutory law.It not correct, The definition of Common Law Duty is a personal one to take reasonable care for the employee’s safety. He is required to take the same care as a reasonable and prudent employer would t

9、ake in the same circumstances. This includes a duty to provide safe working premises. And about the Statutory Duty, the main statute here is the Health and Safety At work Act 1974 (HASAWA). This was imposed on earlier ex

10、isting safety legislation which was not repealed, always do it, Chris know the risk of this work, but he don’t ask anyone to help, causes him fell from the ladder. This is Volenti Non Fit Injuria.( Business Contractual R

11、elationships F84N 34 P300)3. Explain Negligence Negligence is the most common delict and an action in delict arises where harm is caused carelessly or inadvertently. The law of negligence has developed to protect individ

12、uals from physical harm to the person(including psychiatric harm), and to property. Financial interests (with some exceptions) are only protected where the financial loss is consequential to the harm to the person or to

13、property. in the case of Bourhill v Young (1943), the defender drove a motorcycle , and he collided with a car and was killed. The pursuer was on the far side of the tram when the accident occurred and did not witness th

14、e accident although she heard it. And she saw blood on the road later, then because of the nervous shock, get a subsequent miscarriage. It was held that it is not the fault of defender, because defender could not have re

15、asonable foreseen, and would causes injury to the pursuer in her position behind the tram, she did not have the relevant proximity to the accident.( Business Contractual Relationships F84N 34 P278)4. Explain what ‘vicari

16、ous liability’The definition of the Vicarious Liability , in certain circumstances, someone can be liable for another’s delictual act. This can arise through agency, partnership and employment. Liability is transferred t

17、o the person benefiting or gaining by the actions of the wrongdoer(and they are more likely to be able to pay and/ or be covered by insurance). in the case of Lister v Romford Ice and Cold Storage Co(1957), a father and

18、son were employed by the same company. The son , whilst driving a lorry, Knocked over his father who claimed damages from the company. The company's insurers paid the father and then brought a successful action again