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ACNB A2 Mun

 Essay upon ACNB A2 Mun

п»їA survey on neglect

Tittle web page

Prepared intended for: Mr. John Andre

Lecturer of Facets of Contract and Negligence for Business

Banking Academy, Hanoi

Made by: Nguyen Thanh Ha (Moon)

Registration No .: F05 – 051

Class: F05-B

Submitting Date: twenty six December 2013

Table of Contents

Introduction3

Task 1 (Outcome three or more. 1)3

Distinction liability in tort with contractual legal responsibility using the situations in the scenario3 Task a couple of (Outcome three or more. 2 & 4. 1)4

Explain the size of liability in negligence and apply the elements of the tort of negligence and defences in situations above4 2 . 1 . Duty of care4

2 . 2 . Breach of Duty of care5

installment payments on your 3. Stringent liability6

2 . 4. Apply at scenario6

Activity 3 (Outcome 3. 3 & 4. 2)8

Describe how a business can be vicariously liable and apply the elements of vicarious liability in the scenario above8 3. 1 ) Vicariously liability8

3. 2 . Apply to scenario9

Conclusion10

References11

Introduction

Mug-n-Sas is definitely an electronics retailer with 5 stores throughout London, uk, they develop especially in touch screen phone and tablet industry. The aim of this report is to talk about about what Mug-n-Sas faces in negligence with three main tasks: Job 1: Compare liability in tort with contractual liability using the scenarios in the situation Task a couple of: Explain the size of liability in negligence and Apply the elements of the tort of negligence and defences in case of above Activity 3: Explain how a organization can be vicariously liable and Apply the elements of vicarious liability in the scenario previously mentioned

Task you (Outcome a few. 1)

Comparison liability in tort with contractual responsibility using the conditions in the scenario Similar: both are civil wrong and the person wronged commun in the court docket for payment (slideshare. net, 2009)

Differences:

Contractual legal responsibility

Tort legal responsibility

Liability base in terms of contract: Communicate, Implied terms… Not have specific term, liability base in strict, occupier liability… Only the parties inside the contract must do follow it and will sue other person in agreement Apply for most civilize

Remedy can be compensation by money bottom on the infringement of contract Remedy isn't just compensation simply by money

The damages granted must be to get past, present and future losses… bottom on the victim's losses True case:

Tweddle versus Atkinson [1861]

" A couple of were engaged and getting married. The father of the bride entered an agreement with all the father of the groom that they can would every pay the couple a sum of money. The father of the bride-to-be died not having paid. The daddy of the boy also perished so was unable to sue on the arrangement. The soon-to-be husband made a claim resistant to the executor in the will. What he claims failed: The groom has not been party to the agreement as well as the consideration did not move from him. Therefore he was not entitled to enforce the contract” (e-lawresources. co. uk, n. deb. ).

Donoghue v Stevenson [1932]

" Mrs Donoghue traveled to a cafe which has a friend. The friend helped bring her a bottle of ginger beer and an your favorite ice cream. The ginger beer came in an opaque bottle of wine so that the material could not be seen. Mrs Donoghue poured 50 percent the articles of the container over her ice cream and in addition drank some from the bottle. After eating section of the ice cream, the lady then poured the remaining material of the container over the goodies and a decomposed snail emerged in the bottle. Mrs Donoghue suffered personal injury because of this. She started a assert against the maker of the alcoholic ginger beer. Her state was good. This case established the modern regulation of neglectfulness and proven the neighbor test” (e-lawresources. co. uk, n. g. )

Job 2 (Outcome 3. two & four. 1)

Describe the nature of the liability in carelessness and apply the aspects of the tort of negligence and defences in situations previously mentioned In this task, I point out to 3 types tort of negligence: Responsibility of care, Breach of duty of care, Tight liabilities. installment payments on your 1 . Duty of attention

" Obligation of care refers to the circumstances and human relationships which the legislation recognizes since giving...

Sources: E-lawresources. co. uk. and. d. Responsibility of proper care. [online] Offered by: http://www.e-lawresources.co.uk/Duty-of-care.php [Accessed: a couple of Dec 2013].

E-lawresources. company. uk. and. d. Breach of duty. [online] Offered at: http://www.e-lawresources.co.uk/Breach-of-duty.php [Accessed: two Dec 2013].

Law. cornell. edu. d. d. Rigid Liability | LII as well as Legal Data Institute. [online] Available at: http://www.law.cornell.edu/wex/strict_liability [Accessed: 2 Dec 2013].

Legal-explanations. com. in. d. Vicarious Liability definition. [online] Offered by: http://www.legal-explanations.com/definitions/vicarious-liability.htm [Accessed: two Dec 2013].

slideshare. net. 2009. Regulation in Tord. [online] Available at: http://www.slideshare.net/btecexpert/0201compare-contrast-tort-and-contract [Accessed: two Dec 2013].

swarb. company. uk. in. d. Heasmans -v- Clearness Cleaning Co; CA 1987. [online] Offered at: http://swarb.co.uk/heasmans-v-clarity-cleaning-co-ca-1987/ [Accessed: a couple of Dec 2013].

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