HND BUS U05 ACNB Lecture 7 1 Essay

Submitted By Palachinky
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HND in BUSINESS

UNIT 5

Aspects of Contract and Negligence for
Business
LECTURE SLIDES

Duty of care
Learning outcome
Understand principles of liability in negligence in business activities

Aim of the session
To review how negligence differs in tort and contract law with emphasis on duty of care

TOPIC 7

UNIT 5: Aspects of Contract and Negligence for Business

Negligence
Negligence is now the most significant tort
Whereas other torts protect particular interests (for example, defamation protects people’s reputation), negligence may be invoked in relation to a wide variety of interests:

Protection against personal injury TOPIC 7

Protection against damage to property

Protection against economic losses in some circumstances UNIT 5: Aspects of Contract and Negligence for Business

Negligence claims
To make a successful claim for negligence, the injured party must be able establish:
 That the defendant owed the claimant a duty to take care or protect him or her from the kind of harm suffered
 That the defendant was in breach of that duty
 That the defendant’s breach of duty was found to be the cause of the claimant’s injury, which was not too remote

TOPIC 7

UNIT 5: Aspects of Contract and Negligence for Business

Duty of care
A breach in duty of care may lead to claims of negligence

Duty of care
 One of the most difficult aspects of negligence is establishing whether a duty of care is owed by the defendant to the claimant
 The key question is should the defendant take care to avoid causing harm to the claimant?
 Clearly if no duty of care is owed, then a claim in negligence cannot succeed – the other elements become irrelevant

TOPIC 7

UNIT 5: Aspects of Contract and Negligence for Business

Relationships
Duty of care is about relationships: A must be in a required relationship with B, so that, for example,
A has a legal duty to take care of B. This is also known as a proximity.

Sometimes, this is relatively straightforward to establish.
For example, a duty of care is recognised to exist when the claimant/defendant fall into these categories:
 Teacher/pupil
 Occupier of land/visitor
 Doctor/patient

TOPIC 7

UNIT 5: Aspects of Contract and Negligence for Business

Neighbour principle
Lord Atkin (in Donoghue v Stevenson [1932]) identified the means of establishing the existence of a…