1.2 Force of Law Flashcards
What is meant by the term ‘Vicarious Liability’?
Liability for the acts of a third party.
The principle is that an employer is liable for the negligent acts of their employees provided they are carried out during the course of their employment.
The liability exists even if the employer has not been negligent.
What is meant by the term ‘Contributory Negligence’?
Where an injury is partly the fault of the injured party. The person may be said to have contributed to the injury and therefore potential damages they recover (compensation) will be reduced by proportion.
What must an Employer do to discharge their common law duty of care?
An employer must provide: A safe place of work Safe appliances and equipment A safe system of work Competent workers
What must a claimant prove in order to obtain damages (usually financial compensation)?
The claimant/injured party must show that:
They were owed a duty of care
There was a failure to fulfil that duty of care to a reasonable standard
The damage, loss or injury directly resulted from the breach.
What is meant by the term ‘Duty of Care’?
You must take reasonable care to avoid acts or omissions when you can reasonably foresee they would be likely to injure your neighbour - the neighbour principle.
An employer must fulfil this duty of care to their employees to a reasonable standard for any foreseeable risks and any other person who may be foreseeably harmed.
What are tests for tort of negligence?
The injured party must show that:
They were owed a duty of care
There was a failure to fulfil that duty of care to a reasonable standard (breach of duty)
Damage, loss pr injury directly resulted from the breach
Must be proven in order to claim financial compensation.
What are defences for torts of negligence?
Denial of duty to take care
Reasonable care was taken (no breach of duty)
No actionable injury or damage - breach did not lead to damage or injury/damage was not foreseeable
Violent non fit injuria
Statute of limitations
Social Action, Responsibility and Heroism Act 2015
What is meant by the term ‘Contributory Negligence’?
Where the injury is partly the fault of the injured person, and if that person has contributed to the injury then any damages recovered will be reduced in proportion of blameworthiness.
What is meant by the term ‘Vicarious Liability’?
Liability for the acts of a third party.
Employers are liable for the torts of negligence of their employees provided they are committed during the course of their employment.
Employers Liability Insurance must cover this liability.
