Difference Between Law And Contractual Liability

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Table of Contents Introduction 2 (3.1) Contrast liability in torts with contractual liability 3 (3.2) Explain the nature of liability in negligence & (3.3) Explain how a business can be vicariously liable 4 (4.1) Apply the elements of the tort of negligence and defences in the above different business situations for the legal officer who is assigned to VJSC & (4.2) Apply the elements of vicarious liability in above different business situations for the legal officer who is assigned to VJSC 8 Conclusion 11 References 12


Law plays important roles to protect benefits, obligations and bringing fair for everybody in society. This report gives information about tortuous liability, contractual liability,
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* The tort of negligence has to a direct reason that brings damage or loss for the claimant.

Vicarious liability is many people who related to damage occurs will have responsibility for the damage by misconduct. In business, the relationship of employer and employee is an important part of vicarious liability because employers will have the strong financial capacity to compensation to the injured party. Therefore, employer will be the main responsible for damage caused by their employee prescribed by law. After that, the employee has to refund that amount for employer.

There are factors to determine vicarious liability between employer and employee: * They have a valid relationship employment between employer and employee. * Employee implements the tort act in the course of their work that base on the agreement and requirement of employer.

Case 1: there are two problems occur. * The first problem
The VJSC software company engages SP an event management company to coordinate and provide corporate hospitality for event’s clients. Trinh Van is an employee of SP and he installs equipments needed to serve for event in time constraint so he did not completely testing for all equipments. Unfortunately, an explosion happens causing some guest got minor burns and damage to the software. However, Trinh Van had left the company just one week before the event.

* Explain the liability in negligence and vicariously liable of the