LEARNING OUTCOME FOUR: Be Able To Apply Principles Of Liability In Negligence In Business Situations11/29/2016 LESSON OBJECTIVE
Assessment Criteria AC 4.2 Apply the elements of vicarious liability in given business situations. Below are questions pertaining to lesson 11. Please ensure to answer each question correctly. 1. What is vicarious liability? 2. How is liability in this tort established? 3. Distinguish between a contract of service and a contract for service 4. What defence may an employer use in this tort? 5. Discuss in one paragraph the effect this tort would have on a business. 6. Discuss the doctrine of ‘Respondeat Superior’.
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LEARNING OUTCOME FOUR: Be Able To Apply Principles Of Liability In Negligence In Business Situations11/29/2016 LESSON OBJECTIVE
Assessment Criteria AC 4.1 Apply the elements of the tort of negligence and defences in different business situations Below are questions pertaining to lesson 10. Please ensure to answer each question correctly. 1. Identify and explain the defences for the tort of negligence. 2. What are the elements which must be proven to establish Contributory negligence? 3. Highlight by way of examples the ‘but for’ test. 4. Based on Diplock LJ dicta in Wooldridge v Summer [1963] 2 QB 43, what is the court’s approach to the doctrine of Volenti Non Fit Injuria LEARNING OUTCOME THREE: Understand Principles Of Liability In Negligence In Business Activities11/16/2016 LESSON OBJECTIVE
Assessment Criteria AC 3.3 Explain how a business can be vicariously liable Below are questions pertaining to lesson 9. Please ensure to answer each question correctly. 1. What is vicarious liability? 2. Explain how a business would be vicariously liable through a contract 3. What should be established for an action of vicarious liability to arise? 4. What is a fiduciary relationship? 5. Discuss the ways in which a business or employer may be exempted from vicarious liability. LEARNING OUTCOME THREE: Understand Principles Of Liability In Negligence In Business Activities11/16/2016 LESSON OBJECTIVE
Assessment Criteria AC 3.2 Explain the nature of liability in negligence Below are questions pertaining to lesson 8. Please ensure to answer each question correctly. 1. What is negligence? 2. Explain the principle which arises from the case of Donoghue v Stevenson. 3. What must be proven for someone to be held negligent in a situation? 4. Explain the concepts of remoteness and causation. 5. What is the standard of care required when proving negligence? LEARNING OUTCOME THREE: Understand Principles Of Liability In Negligence In Business Activities11/16/2016 LESSON OBJECTIVE
Assessment Criteria AC 3.1 Contrast liability in tort with contractual liability Below are questions pertaining to lesson 7. Please ensure to answer each question correctly. 1. What is a tort? 2. Explain the nature of a tortious liability? 3. Based on the case of Hedley Byrne v Heller, what are the principles arising out of negligence? 4. Distinguish between a tortious liability and a contractual liability. 5. What must be present for negligence to occur? LESSON OBJECTIVE
Assessment Criteria AC 2.3 Apply the law on terms in different contracts Below are questions pertaining to lesson 6. Please ensure to answer each question correctly. 1. What is the significance of the different terms of a contract? 2. Identify the differences between a breach of condition and a breach of warranty. 3. What are the specific remedies available for breach of the terms of a contract? LESSON OBJECTIVE
Assessment Criteria AC 2.2 Apply the law on terms in different contracts Below are questions pertaining to lesson 5. Please ensure to answer each question correctly. 1. What are the different terms of a contract (Identify All which may be present). 2. For each term, highlight the effect of breaching such term. 3. Discuss the remedies available for breach of contract. |
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