Contrast Liability in Tort with Contractual Liability

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Contrast liability in tort with contractual liability A contractual liability means that all persons involved in the contract have the contractual duties to complete all conditions in the contract, while liability in tort means that a party causes damages to another party and is liable to remedy to that party no matter it is intentional or unintentional, but the plaintiff must show evidence on how the defendant harms to him. The liability in tort, unlike contractual liability, need not to have any contracts formed. In business contracts, although the seller has completed all conditions in the sales contract, if the buyer founds any damage which is proved to be caused by the seller, damages can be proved from the buyer and he may seek for remedies from the seller through the law of tort. Explain the nature of liability in negligence Negligence is defined as an unintentional tort which a case is caused by unpredictable accident. Unintentional tort is a wrong that a person does not know its consequences, acted carelessly towards another and caused damages or injuries to another (ADBM Lecture Notes, 2015:6). An accident is far beyond control by the defendant can cause negligence unlike intentional tort which was found that a foreseen consequence is raised by the defendant but he still continues that fault. Negligence is found on someone’s duty of care. As everyone in the world has been imposed a duty of care to another base on their identities in the situation, which they have a liability towards another no matter they have a contractual relationship or not. Duty of care can be determined by the 3 factors, which are whether the damages are foreseeable, whether there is a close and direct relationship between the plaintiff and the defendant, and whether it is reasonable to impose that duty of care towards them (ADBM lecture notes, 2015:20). For example, a shopkeeper should ensure all customers entering their shop are safe and comfortable; a security should ensure the safety of their places which should be prevented any thieves and people who creates disturbance. The plaintiff must present evidence on breach of duty that the defendant has a duty of care to him. Negligence can also be proved by “reasonable man test” which a reasonable person who is mentally fit and be rational to act differently against the defendant in the same situation (ADBM Lecture Notes, 2015, 17). Explain how a business, like TOY-S-A can be vicariously liable Vicarious liability in business can be established between employer and employee. If an employee has done negligence to his customer, the employer and the related party may also be sued although the employer did not cause this accident. But to prove whether TOY-S-A is vicariously liable, we must understand the duty of care towards this company. As a toy shop, the basic duty of care of TOY-S-A must ensure all their products and the products selling in their company are safe and follow all legal regulations.

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