04. Defences and damages, vicarious liability. Flashcards
The principal remedy in a case of negligence is …
damages, intended to put the injured party in the position they would have been had the negligence not been committed.
Defences against negligence: C* V E
CONTRIBUTORY negligence.
Defences against negligence: C V* E
VOLENTI non fit injuria.
Defences against negligence: C V E*
EXCLUSION clauses.
If contributory negligence can be proved the defendant …
will have their damages reduced in proportion to their degree of fault.
‘Volenti non fit injuria …’
to a willing person no injury is done.
Any exclusion clause or defence of volenti is still subject to the provisions of the …
Unfair Contract Terms Act (1977)
Damage resulting from an intentional act can never be deemed …
too remote.
Damage that is reasonably forseeable can never be deemed …
too remote.
Consequences that are not reasonably forseeable, for example the ignition of oil floating across a harbour …
will likely be deemed too remote.
T/F: vicarious liability exists in order to punish an employer for poor selection or supervision of an employee.
FALSE
it is a pragmatic recognition that an employer is probably better placed to insure against a negligence claim.
In order for an employer to be held vicariously liable there must be a … between the tortious act and the employee’s employment.
close connection
T/F: a principal is vicariously liable for tortious acts of an agent arising as a result of the agency relationship.
TRUE
T/F: a partner is vicariously liable for tortious acts of a fellow partner arising as a result of their partnership.
TRUE
Vicarious liability: E (CC)*, P (A), P (OcOB, AA)
EMPLOYER, where there is a ‘close connection’ with the employees employment.
