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Unit 5 Aspects of Contract and Negligence in Business-Level 4

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Unit 5 Aspects of Contract and Negligence in Business

Level 4

TASK THREE

P3 TO UNDERSTAND THE PRINCIPLES OF LIABILITY IN NEGLIGENCE IN BUSINESS ACTIVITIES

P3.1 TO CONTRAST THE LIABILITY IN TORT WITH CONTRACTUAL LIABILITY

P3.2 TO EXPLAIN THE NATURE OF NEGLIGENCE AND ITS LIABILITY

P3.3 EXPLAIN HOW A BUSINESS COULD BE VICARIOUSLY LIABLE

TASK FOUR

P4 APPLICATION OF PRINCIPLES OF LIABILITY IN NEGLIGENCE IN BUSINESS SITUATIONS

P4.1 APPLICATION OF LIABILITY IN NEGLIGENCE IN BUSINESS SITUATIONS

BUSINESS SCENARIO NO.5

A UK Ship was taking on oil in the Sydney Harbour when oil was spilled into the water and the oil drifted to a wharf 200 yards the distance where welding equipment was being used. The wharf owner continued his work as he was advised that sparks were less likely to set fire to furnace oil and safety precautions were taken, but a spark fell into a piece of cotton which was floating with the oil and this caught fire and damaged the wharf.

We need to advise the wharf owners if they can sue the chatterers of the ship.

BUSINESS SCENARIO NO.6

Shell had employed Bell for the maintenance of the vehicle and Bell had only one eye. Normally protective goggles were not issued to the employees as the risk of an eye injury was very less. A metal chip flew into bell’s eye and blinded him completely as the metal had hit the good eye of Bell.

Whether Shell will be liable?

P4.2 APPLICATION OF THE ELEMENTS OF VICARIOUS LIABILITY IN GIVEN BUSINESS SITUATIONS OF THE BUSINESS SCENARIO 7 AND 8

BUSINESS SCENARIO NO.7

Alf was a warden who was employed by Safe Care homes; it was a company that used to run care homes for children. Alf was accused of sexually abusing the children of the care home in which he was the warden. The Safe care home is being sued under vicarious liability.
We need to advise Safe care homes whether the company would be liable vicariously for torts committed by Alf.

BUSINESS SCENARIO NO.8

Amos Bridge was a pump attendant who was employed by AB and Sons Garage; one day when Amos was on duty he had an argument with MR. Khan and he also hits him on the chin. Now Mr. Khan had sued both the employer and the employee.

We need to advise the manager of AB and Sons Garage that whether the company will be vicariously liable for the torts committed by Mr. Amos Bridge.

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