Tort Flashcards
Duty and breach of duty in Tort • Producer and Vicarious Liability
What are the 3 parts of TORT
Duty -> breach->Harm
For the Duty of Tort what makes up reasonable liability
Proximity- Goods out of defendants control
too much time elapsed
Forseeability- Is it reasonable
Fairness
Breach is …
this is the cost vs the risk of it happening and the precautions to prevent this
In the case of a skilled professional will acting in accordance
with a practice accepted
as proper by a
responsible body cause you any liability
No, as you are following the accepted procedure
Damage…..
The 2 rules for this are
The Eggshell Skull Rule
The Crumbling Skull Rule
The Crumbling Skull Rule
The defendant is liable for exacerbation of, but not
the natural deterioration of a pre-existing injury
The Eggshell Skull Rule
f a claimant has a particular weakness and suffers
a greater injury than a normal person, the
defendant will be liable to the full extent of the
injuries
Describe the 2 kinds of economic loss in a liability claim
Consequential economic loss- Damage to property, Death, Personal injury
Pure economic loss-Only seen of balance sheet
Describe 3 defences for liability
Interveining act
Contributory negligence
Assuming the risk (understanding the risks involved)
Consumer Protection Act 1987
why does this do in terms of producers and consumers
The producer is liable as they are experts where consumers are not
This is due to bad process, bad quality control, concealed dangers, failing to recall
Employers can be held responsible for Torts of their employees if?
Employee acted under contract.
