Task-04
AC-4.2: Measuring Bill’s liability for negligence and XYZ Dairies’ responsibility under vicarious liability.
Yes, in Bill’s case, Bill is guilty for failing to provide necessary care to his minor employee and caused injury by driving recklessly. The “duty of care” principle creates a duty for the responsible to deliver utmost standard care to his/her employees under employment scope in course of the business.
As XYZ dairies, despite having prior knowledge of a minor’s employment by Bill, chose to do nothing. XYZ dairies’ reluctance to make amends caused the boy injury which can be traced back. XYZ dairies didn’t employ the minor, yet letting Bill to employ a minor makes them equally culpable for not taking necessary precautions. Bill’s
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When a business fails to address its employees actions and as a result, any injury/damage occurs to another holds the business liable without having any explicit involvement.
The “Rose v Plenty” case previously held Mr Plenty guilty of negligence of duty of care and caused Rose’s injury. But when appealed, the court also held the employer, the “Co-operative Retail Services Ltd’ as responsible for not acting under vicarious liability as per the company’s scope of employment that Mr Plenty enjoyed. Similarly, in “Mattis v Pollock’ case, Mr Pollock employed Cranston as bouncer who was intimidating to Pollock’s customers and was motivated to act violently. Unfortunately, Cranston suddenly stabbed Mr Mattis out of anger at Pollock’s club. The court held Mr Pollock responsible for the injury of Mr Mattis under vicarious liability.
A business mayn’t be held responsible under vicarious liability if it can prove that the employee acted to sabotage the reputation of the business. In the above case, if Cranston acted in vengeance on Mr Pollock for maltreatment, Mr Pollock can be acquitted from
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The failure to act upon having possible awareness of frequent trespassing in the property. For example, SKF Builders is a construction company which has stacked iron rods in the basement. As everyone knows the risk of sudden accident during construction, it is the responsibility of the construction company to ensure proper safety measures and security so that no one trespass the area and injure themselves. If the company failed to engage a guard to look over the dangerous materials, any injury incurred by civilian or trespasser will make the company
The respondent (driver) is required to take reasonable care when operating his vehicle to ensure the safety of the appellant. The primary judge highlighted that "content of this duty depends on the circumstances of the case". However, the respondent breached his duty of care by taking his eyes off the road, violating s 5B and s 5C of the Civil Liability Act (NSW) 2002. The respondent nevertheless is not considered negligent as outlined in s5B (1) if he could prevent the outcome of a risk that was not
In the case of Norton vs Argonaut Insurance Company there are many factors which impacted the court’s ruling as to the parties who were responsible resultant wrongful death of the infant Robyn Bernice Norton. The nurses, doctors(independent contractors) and the the hospital though not formally charged
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
Vicarious liability is a common law concept that refers to the liability that arises when one party, such as an employer, is legally liable for the acts or omissions of another party, such as an employee. This is because employers have a duty to take reasonable care for the safety of their employees and those of others who come into contact with them and their business.
In certain circumstances, when plaintiff succeeds in establishing duty of care, breach of duty and resulting damage, defendant may attempt to shelter behind several defences to avoid liability. Two major defences to negligence are Contributory Negligence and Assumption of Risk (Volenti Non Fit Injuria).
When you or your loved one walks into a business or is invited onto private property , you expect to be walking into a safe environment. Business are responsible for taking certain measures to ensure the safety of you and your loved one. If you become injured because of a property owner 's failure to keep their property free from hazards, hidden or known, you may have a legal claim against the property owner. This is a premise liability case. Below are some frequently asked questions and answers regarding premise liability claims.
A series of events unfolded when George, running late for class, parked his car on a steep section on Arbutus drive and failed to remember to set the parking brake. The outcome of not remembering to set the parking brake caused many issues resulting in scrapping a Prius, breaking through fencing, people on the train sustaining injuries, and finally a truck that jack-knifed and caused a 42-car pileup. Could the parties that were injured, from George’s actions, be recovered from under the negligence theory? To understand if George is negligent, it is best to look at the legal issue, the required elements of negligence, the definition and explanation of each element of the case, and finally to draw a conclusion to determine if George is negligent.
The case Hollis v Vabu Pty Ltd[1] confirms the long held doctrine that employers are vicariously liable for the negligence of their employees during the course of their employment. In comparison to cases such as Humberstone v Northern Timber Mills[2] and Stevens v Brodribb Sawmilling Co Pty Ltd[3], which appear to contribute to the development of the application of common law to evolving social conditions, the Hollis v Vabu Pty Ltd case may be considered as taking a step back in affirming the traditional notion of ‘control’ when determining the nature of employment relationships. The following will critically analyse the ratio and the legal and commercial implications prevalent in this case.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
Review the scenario below. Consider the legal principles influencing the likelihood of any successful action against Steve in negligence.
The liability for negligent misstatement may arise from pure economic loss. According to Steele (2010), ‘Economic losses will be regarded as “pure” if they do not flow from any personal injury to the claimant nor from physical damage to his or her property’. The boundaries between “pure” economic loss and the loss which is “consequential” from damage were established by the Court
There is a strict distinction between acts and omissions in tort of negligence. “A person is often not bound to take positive action unless they have agreed to do so, and have been paid for doing so.” (Cane.2009; 73) The rule is a settled one and allows some exceptions only in extreme circumstances. The core idea can be summarized in “why pick on me” argument. This attitude was spectacularly demonstrated in a notoriously known psychological experiment “The Bystander effect” (Latané & Darley. 1968; 377-383). Through practical scenarios, psychologists have found that bystanders are more reluctant to intervene in emergency situations as the size of the group increases. Such acts of omission are hardly justifiable in moral sense, but find some legal support. “A man is entitled to be as negligent as he pleases towards the whole world if he owes no duty to them.” (L Esher Lievre v Gould [1893] 1 Q.B. 497) Definitely, when there is no sufficient proximity between the parties, a legal duty to take care cannot be lawfully exonerated and imposed, as illustrated in Palmer v Tees Health Authority [1999] All ER (D) 722). If it could, individuals would have been in the permanent state of over- responsibility for others, neglecting their own needs. Policy considerations in omission cases are not inspired by the parable of Good Samaritan ideas. Judges do favour individualism as it “permits the avoidance of vulnerability and requires self-sufficiency. “ (Hoffmaster.2006; 36)
The point in this case is ‘were it not for’ the defendant’s reckless driving and knowingly subverting his duty, the accident could not have happened. Duty: To prove that Donald owed Alice a duty of care is required in this scenario. In this case, the judge will rule on whether Donald owed Alice a duty of care. Considering that driving is done in public places where there are other road users, it proves that in fact Donald owed Alice a duty of care.
The English Law on Vicarious Liability An employer is responsible for damage caused by the torts of his employees acting in the course of employment. This is known as ‘vicarious liability’[1]. Essentially, vicarious liability is where the employer is generally substituted in terms of liability for the employee, the employee also has liability but the resources of the employer such as insurance makes them more financially attractive to the claimant. The mechanism of vicarious liability is arguably the best compromise between the needs of tort victims and the freedom of businesses as the employer usually has insurance to cover the tort of the employee, making it more financially viable to the employer than directly compensating the claimant.
Duty of care refers to the circumstances and relationships which the law recognizes as giving rise to a legal duty to take care. The first major case in the development of the ‘duty of care test’ was that of Donoghue v Stevenson [1932].