Tort Law and Vicarious Liability: A Comprehensive Analysis with Case Studies

Contents
TASK 3 – Vocational scenario....................................................................................................................2
3.1 Explain the similarities and differences (contrast) of liability in tort with contractual liability using
an example..............................................................................................................................................2
3.2 Explain using suitable example how liability for negligence can arise and the conditions needed to
be met for a claimant to successfully prove negligence..........................................................................2
3.3 Explain what vicarious liability means and how a business such as your organization can become
vicariously liable giving example..............................................................................................................3
TASK 4 - Case studies................................................................................................................................3
4.1 Apply the elements of the tort of negligence and defences in the given business scenarios below; 3
Case 7..................................................................................................................................................3
4.2 Apply the elements of vicarious liability in given business situations below;....................................4
Case 8..................................................................................................................................................4
Case 9..................................................................................................................................................5

TASK 3 – Vocational scenario
3.1 Explain the similarities and differences (contrast) of liability in tort with contractual liability
using an example.
Every country is governed by civil law and criminal law. The civil law comprises of several
laws, two of them are the law of contract and the tort. A brief contrast is drawn amid the two:
(Slideshare 2013)
i. In contract law, that parties are in a contractual relationship and are bound to comply
with the terms that are made part of the contract;
In the law of tort, the parties are not joined with any kind of contract but they are
linked with each other under a legal phenomenon;
ii. The liability in the law of contract arises when the parties to the contact does not fulfil
the contractual terms;
But the liability in law of tort arises when there is some legal obligation that is
imposed upon the parties and the same is not met by them;
iii. The liability that is imposed upon the contractual parties is evaluated as per the terms
of the contract;
But, the liability under the law of tort is determined by the courts. The court analyses
the situation in which the loss is incurred and the actual damage that is caused by the
plaintiff prior imposing liability upon the defendant;
iv. The liability in contract is pre determined and thus liquidated;
But the laity in the law of tort is not already analysed by the parties and thus it is
decided by the court making it un-liquidated in nature;
v. In contract, the parties are known to each other;
But on tort, the parties are not aware of each other;
Thus, these are the basic distinction that is drawn amid the two.
3.2 Explain using suitable example how liability for negligence can arise and the conditions
needed to be met for a claimant to successfully prove negligence.
The law of negligence is a tort law which makes a defendant liable for the losses that are
sustained by the plaintiff provided the defendant is found to be in breach of his legal duty. The
main conditions that are needed to be met to make a claimant successful under the law of
negligence are: (Leeds 1998)
i. Duty of care – It is the legal duty that is casted upon the defendant which submits that
no acts of the defendant must be such which causes loss to the plaintiff. But, a duty is
imposed only when:
Neighbourhood- The plaintiff and the defendant are neighbours of each other, that is,
they are so closely connected with each other that the acts of defendant impact the
plaintiff directly. The parties must share a relationship of proximity (Marc Rich & Co
v Bishops Rock Marine (1995);
Reasonable forseeability – That the defendant is duty bound against those plaintiff
who he can reasonably foresee. If the plaintiff is too remote then no duty is casted
upon him.
ii. Breach of duty of care – When the defendant is duty bound then the duty must be
comply with like a normal prudent man behaves in similar situation. The level of care

must be met by the defendant considering the risk associated with the act. If the risk
is high then the level of care must be high.
iii. Damages – The breach of duty when results in loss to the damage then the defendant
is negligent provide (Allied Maples Group v Simmons & Simmons (a firm) (1995).
But for test- The loss that is caused to the plaintiff is but because of the acts of the
defendant and not by any other means;
Remoteness – When the loss that is caused is reasonably anticipated by the defendant
and is not remote in nature.
3.3 Explain what vicarious liability means and how a business such as your organization can
become vicariously liable giving example.
The law of vicarious liability establishes that when any liability is undertaken by an employee
while carrying out the usual course of actions of the business then such liability must be faced by
the employer and not the employee (Century Insurance v Northern Irish Road Transport Boar
(1942). The main elements to prove vicarious liability are:
i. That the parties must be in the relationship of an employee and employers;
ii. That the employee is undertaking actions that are carried out by him in the usual
course of business;
iii. That when the liability is incurred then employee is working under the commands of
the employer;
iv. Loss is incurred to third party because of the acts of the employee;
v. The acts of the employee must not be personal in nature.
When all the elements are comply with then the employer is held liable for the loss of the
employee.
TASK 4 - Case studies
4.1 Apply the elements of the tort of negligence and defences in the given business scenarios
below;
Case 7
Issue
i. Can the hospital be held liable for negligence?
ii. Can the hospital protect itself in the law of negligence?
Law
A defendant is negligent when: (Leeds 1998)
I. The legal duty of care is imposed upon him (Donohue Stevenson (1932). The
defendant is legally bound to provide care to the plaintiff who are is neighbours
(Marc Rich & Co v Bishops Rock Marine (1995) and who he can reasonably foresee
(Topp v London Country Bus (1993);
II. The duty must not be met by him as the level of care that is furnished is not adequate
(Condon v Basi (1985);
III. Because of the breach there must be some loss that is caused to the plaintiff. The loss
that is caused must be because of the acts of the defendant and the loss must not be
too remote .