Understand the impact of the law of negligence on businesses, their employees and others.
The following topic forms part of the Unit Aspects of Civil Liability for Business.
The aim of this unit is to introduce learners to the law of tort as it applies to businesses. Learners will do this through application of the law to business situations.
Understand the impact of the law of negligence on businesses, their employees and others:
Existence of a duty of care: historical introduction (Donaghue v Stevenson and the neighbour principle); Caparo three-part test.
Breach of duty: standard of the reasonable man; factors affecting standard of care – special characteristics of the defendant; special characteristics of the claimant; degree of risk; taking precautions; benefits of taking the risk.
Damage: causation, intervening events, remoteness of damage (Wagon Mound), thin skull rule.
Remedies: damages – compensatory, pecuniary and non-pecuniary; interim awards and structured settlements; offsets; contributory negligence.
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