Aspects of Contract and Negligence PPT

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Sample PPT on Aspects of contract and
negligence
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2 Nature of liability in negligence

• Every party that enters into a contract is
  required to fulfill all the terms and conditions
  along with the duty of care to manage the claims
  against tort and negligence. Every party needs to
  exhibit a certain amount of duty of care among
  their actions so as to keep away from the
  liabilities and charges that are made under
  breach of such duty.
• The rights of public can be safeguarded on the
  basis of such legal regulations that are being
  imposed over the parties that are acting under
  contracts and agreements. When any person or a
  party is unable to fulfill the requirements of
  these agreement or acts in breach of them then
  they might act under the negligence principles.
• The basic concept behind the liability in
  negligence is the people are required to exhibit
  certain care through their actions, when they can
  have potential harm to other people.

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Contrast liability in tort with contractual
liability

• The liability under a contract is one that occurs
  when any of the party under contract involves in
  breach of it. The breach of contract may not
  have any defined reason or purpose that is to be
  followed.
• The liability under tort arises due to the act
  of negligence from the side of concerned parties.
  It can be better understood as the parties that
  does not consider or care about their actions
  than the liability is said to be in tort.
• The parties under contract can sue the other
  party in terms of liability while the parties
  under tort liability may or may not be claimed.
  All the contracts and agreements that are being
  considered must have a willingness to perform
  their duty and bind legally.

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Contd...

• In case of tortuous liability, the opposing
  parties cannot claim for the amount due to the
  application of aspect of negligence. In making
  claims within the contractual liability, the
  parties do not need proofs but only requires
  identifying the terms and conditions of the
  contract.
• Further in tort liability, the parties need to
  define the negligence from other party else they
  would not be liable to damages. Similarly in Case
  1, when Mrs Donoghue claimed against the
  manufacturer, it became the clause of tort
  liability as it was an act of negligence from the
  side of manufacturer.
• Furthermore, the argument from the defendant
  party described that the whole duty of care was
  to be performed by the producer of the drink.
  This involves various issues like negligence
  under tort against the customers that are being
  served with the drink and the breach of duty of
  care as well.
• Further in case 2, Mr. Newell is claimed to be
  sued against the act of negligence where he
  opposes that he is not liable for the punishment
  and his owner is responsible under Occupier's
  liability act.

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2 Nature of liability in negligence

• Every party that enters into a contract is
  required to fulfill all the terms and conditions
  along with the duty of care to manage the claims
  against tort and negligence.
• Every party needs to exhibit a certain amount of
  duty of care among their actions so as to keep
  away from the liabilities and charges that are
  made under breach of such duty.
• The rights of public can be safeguarded on the
  basis of such legal regulations that are being
  imposed over the parties that are acting under
  contracts and agreements. When any person or a
  party is unable to fulfill the requirements of
  these agreement or acts in breach of them then
  they might act under the negligence principles.
• The basic concept behind the liability in
  negligence is the people are required to exhibit
  certain care through their actions, when they can
  have potential harm to other people. If they fail
  to do so they are said to be liable under act of
  negligence.

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Contd...

• Liability in this case is refereed to as the
  amount or compensation that the party is required
  to pay in acting negligence of duty of care.
  Further the liability of the complainant party
  relies on the nature of damage or injuries. This
  defines that in many cases the parties are not
  liable to pay for monetary damages. Furthermore
  the plaintiff also needs to prove the damage or
  injury in terms of bringing claims to the
  defendant party. Negligence is concerned with
  the act of carelessness in offering duty of care
  and in breaching of that duty to provide better
  support and concern to the people under them.

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3. Elements of tort of negligence

• There are certain elements that are defined as
  per the nature of act done under negligence and
  thus, requires to understand the claims that are
  made under liabilities of some of the aspects
  that are considered under the act of liability
  are
• Duty of care This describes the duty of every
  party involved to be liable for each of their
  actions. This liability is related with the
  actions of the party that may have an impact over
  any of the neighbors of party related with them.
  It is all about showing some responsibilities
  towards the individuals in legal terms.
• Breach of duty This is a significant aspect that
  is to be considered in a contract that defines
  the need of one party to manage the legal binding
  of the contract till it ends up. All the terms
  and conditions of the contract must be considered
  and fulfilled as per the agreement and if a party
  fails to do so, it is said to involve in breach
  of duty. If a party fails to meet all the terms
  and obligations of the contract then it is said
  to suffer from claims by the other party.
• Causation It is related with defining the
  reasons for what the parties are supposed to pay
  the damages. The party that is found to act
  under negligence is required to fulfill the
  claims of injured party
• Remote damages this aspects defines that the
  complainant party can claim for only those
  damages that can be proved or seen by the
  defendant party and are under the area of actions.

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4. Defences under negligence

• There are certain defense that can be presented
  by the defendant party to save themselves from
  the liabilities or claims of the plaintiff. If
  these defense are provided then the act of
  negligence can be ignored over their actions.
• Contributory negligence This defines that the
  defendant did not had much or any contribution in
  the act of negligence and thus the defendant is
  not liable to pay any damages. This can be linked
  with case 2 where Mr. Newell acts under
  contributory negligence.
• Justified This defines the act of negligence of
  the defendant party must be ensured and justified
  by the court that will make it acceptable. Here
  in case 1 the court does not accepts the
  liability of Stevenson, the manufacturer to be
  liable to pay the damages. Further the actions of
  the producer were found to be justified by court
  in involving in act of negligence.
• Necessary If the defendant party is required to
  perform the particular actions for which it has
  been made liable against damages, then it can be
  exempted from the liability under negligence.
• Illegality If the act of negligence by the
  defendant is taken up to ban any illegal activity
  that the defendant I not at all made liable to
  pay the damages claimed by the plaintiff.

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5. Vicarious liability of business

• Vicarious liability of the business is defined as
  the liability of the business owner in paying the
  damages of the plaintiff. It is indirectly a way
  to shift the liability to another party and a
  situation when another party is considered liable
  fro the actions of others.
• This defines the party to be liable in paying the
  damages under which the defendant has been
  acting. In a business scenario, for the acts of
  negligence of employees, the employer is liable
  to pay the damages as per the act of vicarious
  liability. The employer in such cases is made
  liable if the employees have been performing the
  act of negligence during the course of
  employment.
• As given in case 2, it is completely related with
  the act of vicarious liability that involves
  Occupier's liabilities act defining the
  responsibility of employer upon the actions of
  his employees. Here, according to case Mersey
  Docks and Harbour Board v Coggins Griffiths
  (Liverpool) Ltd, 1946 , the company has been
  involved in hiring employees and equipments for
  activities of loading and unloading.
• Here the employee gets injured by an accident and
  the incident occurred due to negligence from his
  side. Further Mr. Newells also described that
  he was not under any control and did not took
  orders still the employer i.e. Coggins
  Griffiths (Liverpool) Ltd, board was found to be
  vicariously liable against the actions of Mr.
  Newells and were made to pay the damages.

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References

• Croke, E. M., 2003. Nurses, Negligence, and
  Malpractice An analysis based on more than 250
  cases against nurses. AJN The American Journal of
  Nursing. 103(9). pp. 54-63.
• Díaz, P. G. V. and et. al., 2012. Contractual and
  quality aspects on warranty Best practices for
  the warranty management and its maturity
  assessment. International Journal of Quality
  Reliability Management. 29(3). pp. 320 348.
• Kantarelis, D., 2008. Internalization of costs,
  liability and negligence, performance and
  reliance. International Journal of Law and
  Management. 50(6). pp. 274 284.
• Elliott, C. and Quinn, F., 2013. Tort Law.
  Pearson.
• Horsey, K. and Rackley, E., 2013. Tort Law.
  Oxford University Press.Bhadbhade, N., 2010.
  Contract Law in UK. Kluwer Law International.