WORD COUNT

Number of Pages:
Number of Words: 2600
Word count is exclusive of the followings:
Cover Page
Content Page
Citation and Referencing
Conclusion
Gantt Chant
ables
Gra!hs
itles"#eadings
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TABLE OF CONTENTS
$%0: &NR'()C&'N %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%*
*%$: Contrast liabilit+ in torts with contractual liabilit+%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%,
*%*: #ow a business can be vicariousl+ liable%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%6
,%$: -!!l+ the elements of the tort of negligence and defences in the above different
business situations%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%.
,%2: he elements of vicarious liabilit+ in above different business situations %%%%%%%%%%%%%%%%%%/
*%0: C'NC0)1&'N%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%$0
2%0: R343R3NC31%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%$$
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1.0: INTRODUCTION
Nowada+s5 ort 0aw is the definition useful for ever+ organisation in wor6% &t hel!s them
to minimise the ris6 and have all view to see the !roblem% 4rom that5 an organisation can
train em!lo+ee5 e7ui! 6nowledge and s6ills for their em!lo+ee and run it more effective%
&n this re!ort5 it discusses this information below:
8 Contrast liabilit+ in torts with contractual liabilit+
8 Contrast liabilit+ in torts with contractual liabilit+
8 Contrast liabilit+ in torts with contractual liabilit+
8 -!!l+ the elements of the tort of negligence and defences in the above different
business situations
8 he elements of vicarious liabilit+ in above different business situations
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3.1: Contrast liability in torts it! "ontra"t#al liability
Contract 0aw is a relationshi! created between two !arties that each !art+ have strong
res!onsibilities to one another to follow all the elements of contract% - contract is a
legall+ binding agreement formed b+ the mutual consent of the !arties and bases on three
elements agreement5 consideration and intent to create relation% his relationshi! is both
formed and governed b+ the contract% hus5 contract law ma+ address the deal to get the
goals both two sides% he obligation of contract is determined b+ contract considerations%
9+ agreement between two !arties the valid of contract will create the intent to create the
relation : for exam!le5 under the )nfair Contract erms -ct $;..% &f an+ !art+ will
breach the contract5 the+ can be sued and claimed the damages% 9esides5 the defendant
will involve the defendant<s liabilit+ for the chain breach of contract% he measure of
damages5 the remedies available for the breach of contract include the common law% -
breach of contract is considered as a breach of a legal obligation so the claimant has
!osition to receive the defendant fulfilled obligation% =accaglobal 20$,>
&n contrast5 in ort 0aw5 a tortfeasor is alwa+s liable for his wrong and it is never based
on consent% - wrong or damage in tort can be a!!eared b+ voluntar+ or careless action%
4urthermore5 two !arties had not relationshi! with each other% Negligent action is based
on a non?contractual relationshi! between the !arties =accaglobal 20$,> &t ma+ be the
relationshi! between doctor and !atient or em!lo+er and em!lo+ee ort generall+ involve
an intrusion b+ one !art+ into the safet+5 health5 !rofit5 or !rivac+ of the victim
=0egalmatch 20$*> if the victim can !rove their loss5 the defendant will have
res!onsibilities to !a+ com!ensation for their loss%
&n general5 the basis different between contract law and tort law is in contract5 the !arties
can 6now and ma+be have the relationshi! with other !arties% &n contrast5 in tort law5 the
claimant and defendant sometimes cannot 6now about other victim%
&n the case $5 the contract was created between @A1C and 1P an event management
com!an+ that 1P will have res!onsibilities to ta6e care and ensure the securit+ for the da+
and ensures to have instruction for securit+ staff to do not let an+one without invitation%
@A1C was agree and contract with @A1B to newl+ design beta software !rogram for
C9usiness -utomation the Next Generation : 9-NG for short%D 1P have res!onsibilit+ to
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e7ui! the software for rinh @an ? an em!lo+ee from 1P and other !eri!heral needed for
the s+stem% wo !arties have liabilities to com!lete the contract% &f the+ breach5 an+ !art+
can be sued and claimed the damage% 4urthermore5 @A1C and 1P could 6now other !art+
before and the contract created to ensure the interests of two !arties in their business%
&n contrast5 ort liabilities in this case are some guest were burned and damaged to the
software cause of not chec6ing5 testing the software in all com!onents5 e7ui!ment5 !arts5
!ower?su!!l+% 4urthermore5 @an (ao tried to enter the area and ruong 0a a securit+
staffE who violentl+ twisted @an (aoDs arm and threw him to the ground5 brea6ing @an
(aoDs wrist% 4inall+5 1P will have liabilit+ to !a+ the com!ensation for the loss with their
guest because of the breach of an absolute dut+ that the+ must ensure the health and
safet+ for their staff and guest% -nother thing is the entering of @an (ao had tres!assed to
the land of 1P meeting%
*%2: T!$ nat#r$ o% liability in n$&li&$n"$
Negligence includes wrong action that the defendant must have res!onsibilit+ for their
damages% &n some case5 negligence can effect on the economic loss5 !ersonal inFur+5
occu!ier liabilit+5 remoteness and causation of damage and dut+ of care%
*%2%$ (ut+ of care:
(ut+ of care is the defendant liabilities must com!ensation the loss for the claimant% he
court will loo6 and find the cause of loss% Relationshi! can be created between two
!arties b+ the court to !rotect the interests and !rotect !arties from the damage%
1ometimes5 other !arties beach the dut+ of care% 4or exam!le5 the defendant driven his
motorbi6e and inFured the !assenger then he went awa+ to evade the dut+ of care% he
court will anal+se it and ma+be the defendant will be had more guilt+ action%
*%2%2 3conomic loss:
3conomic loss is the act of losing land5 mone+ or business% he court will ta6e defendant
have liabilit+ to !a+ the damages for claimant about the economic% &n some case5 the
liabilit+ to !a+ damages is usuall+ limited to situations where the !arties are lin6ed b+
some s!ecial relationshi! such as famil+5 close relationshi!% 4or exam!le5 a wife
borrowed a car from her husband and crashed it when she tries to enter the basement% he
economic loss was 2%000 )1( but her husband refused the com!ensation%
*%2%* 'ccu!iers< 0iabilit+:
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&n this case5 b+ statute5 an occu!ier owes a dut+ of care to all visitors that 1P must ta6e
care to !rotect our guest health and their !ro!ert+% 'ccu!iers< 0iabilit+ is the
res!onsibilit+ of the owner a!!eared when some guest was inFured and @an (ao tried to
enter in the meeting% 1P must have occu!iers< liabilit+ to visitors and tres!asser%
1P is liable to ma6e the reasonable care for all visitors because the guest was be inFured
in their meeting5 but the cause of damage is too remoteness and unforeseeable that 1P
staff rinh @an cannot see it will be a!!eared% 4urthermore5 according to the strict
liabilit+5 the defendant is liable even though he too6 reasonable care% &t means that 1P
will have res!onsibilit+ to their guest to ma6e them satisf+ as much as the+ can to !a+
com!ensation damages about !ersonal inFur+5 economic loss% 1P must ta6e care all guest
inFured about his or her health until it is good% 4urthermore5 all losing economic of guest
must be com!ensated% -bout occu!iers< liabilit+ to tres!asser5 according to BcGeown v
Northern &reland #ousing 3xecutive $;;,5 the tres!asser crossed occu!ier<s land without
a licenseE so the occu!ier of the land is under no liabilit+ to user =0earning Bedia 20$0>%
&n this case5 @an (ao is a tres!asser without an inviteE so the 1P em!lo+ee ruong 0a
was not liable with the action of threw him and brea6ing @an (ao<s wist but 1P was
liable to ta6e care @an (ao<s health%
3.3: 'o a b#sin$ss "an b$ (i"ario#sly liabl$
@icarious liabilit+ is the res!onsibilit+ between em!lo+ee and em!lo+er that the
em!lo+er must have full liabilit+ to ca6e cares their em!lo+ee and has necessar+ training
events or e7ui!ment to hel! the em!lo+ee com!lete the mission as well as he can%
Boreover5 if their em!lo+ee does a negligent action5 the em!lo+er was liable to !a+ the
damage or com!ensate it for the claimant%
he em!lo+ee?em!lo+er relationshi! is !aramount to the im!osition of vicarious liabilit+
=Claim?advice 20$*> s!ecificall+5 the em!lo+er will be liable without his negligent action
because he must be !ersonE who can see the damage or the ris6 ma+be come% &t means
that the action of em!lo+ee was foreseeable% he courts tend to loo6 at the Fob generall+5
rather than the s!ecific acts constituting the tort% &n the course of em!lo+ment sometimes
em!lo+ee do wrong action and negligent action but the court will loo6 at the mission of
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em!lo+ee% -re the+ had !erformed an authorised act in an unlawful and unauthorised
wa+%
&n detail5 1P was vicariousl+ liable because their securit+ em!lo+ee did not chec6 all
com!onents5 e7ui!ment5 !arts5 !ower?su!!l+5 including office furniture then the fire
made some guest inFured5 the careless acts were sufficientl+ closel+ connected to the
course of his damage to be vicariousl+ liable for those acts% &t loo6s li6e the circumstance
(ubai -luminium Co 0td v 1alaam and ors 2002E the solicitor was liable for his acts
because of the dishonest can be harm and effect on the business% =0earning Bedia 20$0>
4urthermore5 rinh @an was liable for this acts because he had as6ed rinh @an to be
installed tem!orar+ !ower soc6ets and the causation of the act was related to rinh @an
because his left% -ccording to Claim?-dvice5 an em!lo+er ma+ be held vicariousl+ liable
for the tort of an em!lo+ee% he em!lo+ers< liabilit+ defined the tort must be committed
in the course of em!lo+ment and the em!lo+ee must 6now exactl+ what is his or her
res!onsibilit+5 the behave unlawfull+ in the course of em!lo+ment so committing a tort is
clearl+ outside of the course of em!lo+ment in one sense% 4inall+5 ruong 0a acts is a
em!lo+ers< liabilit+ to !rotect the !ro!ert+5 health and safet+ for all of guest and the
owner% he acts can be defended as Necessit+ action to !revent the tres!asser to steal
something or hit the guest in meeting%
).1: A**ly t!$ $l$+$nts o% t!$ tort o% n$&li&$n"$ an, ,$%$n"$s in t!$ abo($ ,i%%$r$nt
b#sin$ss sit#ations
he cause of damage was created b+ negligence actions of firewor6 organisation that
the+ had not !ro!erl+ assembled the roc6et<s launch and made the car that (ang 9ui was
driving to catch fire and 9ui (o was tra! momentar+ in the car% -fter that5 9ui (o
esca!ed and he felt soc6 and fainted immediatel+% 4urthermore5 ran Cao =ran @u<s
father> saw the fire and he tried to bolt it and dial emergenc+ services but the @es!a was
com!lete destro+ed%
&n detail5 the organised firewor6 must be liable for these negligent actions about the fire5
economic loss such as car and ran Cao<s @es!a5 !ersonal inFur+ about 9ui (o and the
liabilit+ for <nervous shoc6< as 0earning Bedia suggest that the claimant ma+ claim
com!ensation for nervous shoc6 caused b+ the defendant<s negligent actionE so the
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organised firewor6 will liable to com!ensate all the tort of negligent actions%
4urthermore5 ran @u was liable to have dut+ of care with his colleague 9ui (o and
(ang 9ui that is the occu!ier liabilit+ to !rotect and ta6e care for the visitors because
rinh @an acce!ted to be !ic6ed u! him to celebrate a successful com!letion of a
software !roFect then his colleague came to his 6ios6 !etrol% #owever5 when the fire
catches5 he could see his colleague were dangerous5 he still tried to save his father<s
@es!a scooter% &t can be said that ran @u and ran Cao breached of dut+ of care because
the damage was foreseeable so he must com!ensate to !a+ the damages and ta6e care of
health for 9ui (o% 9esides that5 the ran @u<s tort liabilit+ will be examined and
commuted because he too6 care his colleague 9ui (o after bolted the fire and saved
@es!a scooter% ran Cao is the owner of !etrol 6ios6 and he must have dut+ to ta6e care
all visitors and his em!lo+ee% -lthough he had said ran @u to save the scooter but he
dialed emergenc+ services later to solve the !roblems%
).-: T!$ $l$+$nts o% (i"ario#s liability in abo($ ,i%%$r$nt b#sin$ss sit#ations
he vicarious liabilit+ is 6nown as res!onsibilit+ between em!lo+er and em!lo+ee% his
res!onsibilit+ will de!end on the relationshi! between and em!lo+ee and the tort was
committed in course of em!lo+ment% -genc+ or inde!endent contractors occur some
vicarious liabilities% &n the case5 rinh @an and the organised firewor6 are liable to !a+
the damageE it is the vicarious liabilit+% &n detail5 rinh @an must ta6e care to his
colleagues during the incident% rinh @an must have the vicarious liabilit+ em!lo+er and
find the wa+ to hel! colleagues esca!e from the car% #owever5 he still hel!ed his father to
save the scooter% #e must com!ensate the damage for his colleagues even he attended
later% ran Cao is also liable5 he must ma6e his em!lo+ee ? ran @an 6now exactl+ the
damage can be harm for his colleague and ta6e care them b+ an+wa+ to minimise the ris6
of incident% 4urthermore5 'rganised firewor6 will have full res!onsibilit+ to the damages
because their organiser had not !ro!erl+ assembled and cause the fire% he firewor6
organisation must have liabilit+ to train and !ractice for their em!lo+ee full s6ills and
solve the !roblems during wor6ing% he negligent action of organiser was foreseeable but
he still breached the wor6 ste!s without chec6 the 7ualit+ of !roduct before% hen5 the
damages are 9ui (o felt shoc6ed and fainted5 the car was bro6en and scooter was
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com!lete destro+ed% &n tort law5 organiser will be !led guilt+ all damages about !ersonal
inFur+5 economic loss and have dut+ of care to !a+ the damages% 9esides5 the claimant
must find the organiser to ma6e him have all guilt+ in the court%
-ccording to Claim?advice%com5 ran @u had !erformed an authorised action to do from
his father and also the owner of the !etrolE so his action is liable b+ his father also
because he had tried to do and save his father<s scooter% he relationshi! between ran
Cao and ran @u is considered the em!lo+er?em!lo+ee relationshi! so ran Cao must
ma6e ran @u 6now about the damage and training him to save his friends5 solve the
!roblems before or e7ui!!ed him necessar+ 6nowledge before% -bout the firewor6
organisation5 the cause of damage was the careless action of organiserE he had not
chec6ed the roc6et and the car catch fire% 4irewor6 'ragnisation was liable to train their
em!lo+eeE which is consented in the course of em!lo+ment%
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3.0: CONCLUSION
-s the two cases given before5 we can have right view about tort law and the liabilit+ of
negligent action within an organisation and at wor6% -!!l+ the case and !ractice in the
business environment to do the wor6 in best%
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..0: REFERENCES
0earning Bedia =20$*> 9usiness 0aw% 3ssex: #N("#NC and 4oundation (egrees
Claim?advice =20$*> 3m!lo+er 0iabilit+ G'nlineH -vailable from: I htt!:""www%claim?
advice%com"em!lo+ers8liabilit+%htmlJ
-ccaglobal =20$,> Ke+ -s!ects 'f he 0aw 'f Contract -nd he ort 'f Negligence
G'nlineH -vailable from:
Ihtt!:""www%accaglobal%com"gb"en"student"acca?7ual?student?Fourne+"7ual?
resource"acca?7ualification"f,"technical?articles"6e+?as!ects?of?the?law?of?contract?and?
the?tort?of?negligence%htmlJ
Wisegee6 =20$*?20$,> What &s he (ifference 9etween ort and ContractL G'nlineH
-vailable from:
Ihtt!:""www%wisegee6%com"in?law?what?is?the?difference?between?tort?and?
contract%htmJ
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