Tortious Liability in Business

Question 1

What are two of employers tortious liability?

Answer 1

1. Every employer must ensure health and safety of his employee while at work, as reasonably practicable
2. An employer can be vicariously liable for torts committed by an employee in the course of employment

Question 2

Three elements to prove tort of negligence

Answer 2

1. There was a duty of care
2. There was a breach of that duty (reasonable person test)
3. The damage suffered by the claimant was caused by the breach (but for test) (thin skull rule)

Question 3

Three factors determining duty of care

Answer 3

1. Reasonable foreseeability
2. Proximity - carelessness likely to hard particular claimant
3. Fair, just and reasonable to impose a duty

Question 4

(Duty of care) What are the aspects of claiming psychiatric injury?

Answer 4

1. The closer the tie between victim and bystander, the more likely nervous shock is reasonably foreseeable
2. Bystander must have perceived event with own unaided senses

Question 5

(Duty of care) What are the aspect of claiming economic loss?

Answer 5

1. Depends on whether there is a special relationship of reliance
2. Could the defendant reasonably foresee that the statement he/she made would be relied upon by the claimant?
3. The relationship is quasi-contractual

Question 6

What are the aspect of breach of a duty of care?

Answer 6

1. Breach is objective

2. Degree of risk, the potential seriousness of the hard are factors to take into account

Question 7

What are defenses to negligence?

Answer 7

1. Contributory negligence: claimant was him/ herself party to blame
2. Volenti non fit injuria: claimant knowingly and freely accepted the risk

Question 8

What is Occupier’s liability?

Answer 8

An occupier is one who controls the premises and owes duty of care to all visitors. May even be extended to trespassers

Question 9

What is the Tort of Nuisance?

Answer 9

• Private nuisance: the defendant’s act must interfere in some unreasonable way with the individual claimant’s use or enjoyment of his/her land
• Public nuisance: the defendant’s act unreasonably interferes with the rights of the community. It is primarily a criminal offense. An individual claimant must show special damage

Question 10

What are the requirements for defamation?

Answer 10

1 The statement was defamatory: Did it lower the plaintiff in the estimation of right thinking people?

2. The defamatory statement referred to the claimant
3. The statement was published

Question 11

What are six defenses to defamation?

Answer 11

1. Truth
2. Honest opinion
3. Public interest
4. Absolute privilege
5. Qualified privilege
6. Unintentional defamation

Question 12

What are the two remedies in Tort?

Answer 12

1. Damages

2. Injunction