Tort

Question 1

Employer duty of care

Answer 1

personal and non delegable- responsble if a contracter is negligent

duty is to take reasonable care to provide a safe system of work and supervision. (shuch as strict saftey, extensive training and supervision)

if contractor harm, employe su employer, employer su Contractor

Question 2

Defences for tort

Answer 2

Contrib neg: Passengers can only be deemed to be contributorily negligent, never volunatry assumption of risk. others reduce damage. fail to take reasonable (objective) steps fo rthir saftey and this contrinuted to thir loss

consent- Voulunary assumption- full defence. prove c had full knowledge of act and risk (subjective to C) and chose to engage in act

Illegality - full defence- doing osmehting illegal, not just minor crime, consider the crime.

Question 3

Product liabliity

Answer 3

CPA recoverable damages:
Death. personal injuries
damag eto perorty for private use

exclusion- damage to product itself, no work/ business property,. claims must be more than 275