Aspects of Contract and Negligence PPT - PowerPoint PPT Presentation

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Aspects of Contract and Negligence PPT

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Title: Aspects of Contract and Negligence PPT


1
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.

3
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.

4
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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.

6
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.

7

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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.

9
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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.

11
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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.

13
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.

14
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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.
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