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Aspects of Tortious Liability with Contractual Liability

Task 1: 'Ferme La Bouche' (Learning Outcome 3)

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Added on  2020-01-06

Aspects of Tortious Liability with Contractual Liability

Task 1: 'Ferme La Bouche' (Learning Outcome 3)

   Added on 2020-01-06

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ASPECTS OF CONTRACTLAW AND NEGLIGENCE
Aspects of Tortious Liability with Contractual Liability_1
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1: 'FERME LA BOUCHE'...................................................................................................1Tortious Liability with contractual liability................................................................................1Nature of Liability.......................................................................................................................2Vicarious Liability......................................................................................................................3TASK 2: ACCIDENTAL ADAMS.................................................................................................4CONCLUSION................................................................................................................................4REFERENCES................................................................................................................................5
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INTRODUCTIONThe basic liability imposed in any business could be in the form of Contractual liabilityand/or Tort Liability. The former is the liability arising from the violation of the rights or clausesof the contract between the parties, while the latter is the violation of the rights of the other party,not arising out of any explicit relationship (Tort Law, 2015). It generally a civil wrong in abusiness. Tort law Another important element of Negligence and vicarious liability also holdsgreat importance in the business world (The British Law, 2016). Negligence is essentially notagreed to between the parties, however it is imposed by operation of law, whereas, Vicariousliability in the business world implies liability imposed on the employer for the acts of theemployees.The present report shall analyze the aspects of Tortious Liability with contractual liabilityon the basis of the given scenarios. Further the report shall throw light on the nature of liabilityunder the concept of Negligence followed by which the application of vicarious liability shall beassessed in a business world. Lastly, the defences available against the mentioned liabilities shallbe discussed. TASK 1: 'FERME LA BOUCHE'Tortious Liability with contractual liabilityTort Liability in a business relation is the application of common law for a conduct whichaccounts to be a civil wrong. It becomes applicable by operation of law, and demands damagesto one party from the other who has committed a civil wrong. The plaintiff under such a suitshall be entitled to non-liquidated damages (Tort Law, 2016). On the other hand contractualliability arises in the event, there is existence of some privacy between the parties due to a legalrelationship clearly defining the rights and duties between the parties. As against this theexistence of privacy in tortious relationship is very weak, and damages under Tort law are paidagainst the will of the wrong doer. However, in the case of contract such a situations aregenerally stipulated within the clauses and the parties agree to compensate or pay un-liquidateddamages to the other in the case of some negligence or breach (Introduction to English Tort Law,2016).In the given scenario there are various parties, out of which the rights and liabilities ofAlice, Chez Bouche and Destiny media shall be analyzed. According to the facts Alice and1
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