Contrast liability in tort with contractual liability

Assignment brief
Purpose of this assignment

The assignment enables learners to understand how the Law of Tort differs from the Law of Contract and examines the Tort of Negligence and issues of liability pertinent to business. Additionally assignment applies to elements of the tort of negligence and defences in different business situations and it also helps the learners to apply the elements of vicarious liability in given business situations. Learners by applying the above principles can explore Tort of Negligence and issues of liability pertinent to business.

Task 1 – LO3 – Contrast liability in tort with contractual liability  – 3.1 P,M1:

1. Differentiate tortious liability from a contractual liability

To achieve pass, you must contrast liability in tort with contractual liability.

To achieve M1, you must identify and apply suitable case law or examples to contrast liability in tort with contractual liability.

Scenario 1:

Galfar Construction Company was constructing a highway. It was necessary to blast rock with dynamite. The employees of Galfar did this with the greatest of care. In spite of their precautions, some flying fragments of rock damaged a neighbouring house. The owner of the house Mr.Ahmed wants to take action against Galfar?

 

Task 2 – LO3 – Explain the nature of liability in negligence  3.2 P,M1:

1. Advice Ahmed what course of action he has against Galfar? Use decided cases on law of negligence

To achieve pass, you must explain the nature of liability in negligence in the above scenario.

To achieve M1, You must establish strict liability in the above scenario with the help of decided cases.

 

 

Task 3- LO3- Explain how a business can be vicariously liable 3.3 P,M2

1.    Define vicarious liability? Explain how a business can be vicariously liable.

 

To achieve pass, you must explain how a business can be vicariously liable.

To achieve M2, you must state decided cases to support your answer.

Scenario 2 :

Max, a clothing store were recently renovated and held an opening sale in their modernized premises with lots of offers and discounts. A huge crowd of shoppers entered the store including Ibrahim. He decided to go to the menswear department on the second floor and climbed the stairs with dozens of keen shoppers. Unfortunately, the stairs were unable to take the weight of so many shoppers and one of the stairs gave way. Ibrahim fell three metres   away from stairs and suffered severe injuries.

Task 4 – LO4 – Apply the elements of the tort of negligence and defences in different business situation 4.1   P,M2,D1:

 

1. Do you think that Max was negligent? Why or why not?

2. What is the defence that is available to Max if they are found negligent?

To achieve pass, you must apply the elements of tort of negligence and defence in the given business scenario.

To achieve M2, you must have cited relevant case law on negligence.

To achieve D1, you should critically evaluate the given scenario and arrive at suitable conclusion.

 

 

 

Scenario 3:

Amir is a driver with Petrol Development of Oman (PDO). He was engaged in transferring petrol into an underground storage tank of Shell Company. One day, while transferring the petrol he struck a match to light a cigarette and this caused an explosion resulting in great damage.

Task 5– LO4 – apply the elements of vicarious liability in given business situation 4.2 P ,M3,D1:

 

1. Explain whether Amir or his employer is liable to Shell Company in the above case? You may cite decided cases on the issue to support your reasoning

To achieve pass, you must Identify and apply the elements of vicarious liability to the above scenario

To achieve M3, you must state case law appropriate to establish vicarious liability in the above Scenario.

To achieve D1, you should critically evaluate the given scenario and arrive at a suitable conclusion.

 

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