Topic 3: G & O Business Law pp 349, 366 Terminology

Question 1

Negligent Misstatement

Answer 1

A statement of fact, advice or opinion made in business that is relied on by another but which is inaccurate or misleading.

Question 2

Foreseeability

Answer 2

A question of fact based on an objective test of whether a reasonable person would have foreseen that, taking into account all the circumstances of the particular case, there was a real risk of livelihood of injury to people in the plaintiff’s position.

Question 3

Vicarious Liability

Answer 3

Where the actions of one person render another person liable; for example, the actions of an employee in the course of their employment may make their employer tortiously liable.

Question 4

Non-delegable Duty

Answer 4

A duty that cannot be passed on or delegated to another person to try to avoid responsibility or liability, although it is not an absolute duty to prevent harm.

Question 5

Contributory Negligence

Answer 5

A defence available to a defendant at common law for damages for injuries arising from the plaintiff’s negligence.

Question 6

Occupier’s Liability

Answer 6

The liability of those people who have control over their land or premises to anyone who comes onto their property to ensure that they are not exposed to danger and risk of injury.