Topic 9: Torts (Vicarious & Occupiers Liability and Consumer Protection Act Flashcards
What is vicarious liability (with case)? and what must be proved?
Hudson v Ridge Manufacturing ‘a doctrine whereby an employer will be held liable for the torts of his employees’.
Must prove:
1) That the worker was an employee NOT an independent contractor; AND
2) Tort must be committed in the course of employment.
What can the employer do to reclaim the money they had to give out? Using case
Bring an action to recover from the employee under the Civil Liability (Contribution) Act 1978.
What cases to show the employee was in the course of employment? and explain
Century Insurance Co. v Northern Ireland Road Transport Board (1942) p327;
Petrol tanker driver lit cigarette and threw match away whilst emptying tanker; caused huge explosion.
Limpus v. London General Omnibus Co. (1862) p323
Bus driver obstructed bus from rival company causing an accident; had been instructed not to race with or obstruct rivals’ buses.
How does deviation from a task by the employee affect employers vicarious liability? with case
If employee is found to be doing something which they wasn’t instructed to do so it means they are not vicariously liable. e.g. Storey v Ashton [1869]
Whats the difference between strict and fault liability? relating to CPA 1987
For claim under CPA, liability is strict = NOT based on fault (which is typically for torts);
Claimant under CPA only has to prove product was defective and that they have suffered some harm;
No need to prove HOW/ WHY product is defective.
What parties can claim under CPA 1987?
S.5- Any injured party can sue or whose private property has been damaged by a defective product;
OR
S.2- Producer, manufacturer, own-brand labeller, importer or supplier may be defendant.
Whats the criteria and the time limit for CPA 1987? including regulations
MUST bring their claim within three years of the awareness of the damage or defect in the product (Limitation Act 1980, s.11A),
Criteria:
1) the product contained a defect;
2) the claimant suffered damage;
3) the damage was caused by the defect;
4) the defendant was either a producer, a marketer (own-brander), an importer, or a supplier into the European Union (EU) of the product.
Explain the term product under CPA 1987
S.1- ‘Product’ can include packaging and instructions, agricultural products and even things like electricity or water
Explain the term the defect under CPA 1987
‘Defective’ means dangerous and the standard of safety is that which people ‘generally are entitled to expect.’
What can you claim for and what can’t you claim for under CPA 1987
Can claim for death/ personal injuries, damage to land, damage to goods (over £275)
BUT cannot claim cost of the defective item, damage to property below £275, any damage to ‘business’ property
What are the available defences under CPA 1987 ? and the main defence used?
Section 4 of the Consumer Protection Act 1987:
1) compliance with the law:
2) non-supply of the product: if the defendant did not supply the product in the course of their business
3) the defect did not exist at the time of supply
4) acceptable risks in development
Main defence is the ‘state of the art/ developments risk’ defence: that technical knowledge at the time was not such that a producer might have been expected to discover it.
Whats does the Occupiers Liability Act legislations state?
The Occupiers’ Liability Act(s) 1957 and 1984 provide that the occupier of premises owes a duty of care to visitors and to trespassers.
What’s the occupiers liability duty of care?
The duty of care is to ensure, as far as is reasonable, that the visitor will be safe in using the premises for the purposes for which they are invited to be there.
Who is the ‘Occupier’?
OLA 1957, s.1(2), ‘as the persons who would at common law be treated as an occupier’.
The common law provides that it is the person who has control over the premises that will be considered the occupier.
Occupiers duties/obligation to visitors? and who is a visitor?
OLA 1957 requires that the occupier of premises take reasonable care to ensure that a visitor to their premises will be reasonably safe.
Avisitor is a person who comes onto premises with the express or implied permission of the occupier. They can turn into a non-visitor if they go beyond where allowed within the premises.
