商务契约关系Outcome3

1、PAGE 4 -International Education College Shanghai University of Finance and EconomicsBusiness Contractual RelationshipsOutcome 3Name: Jin ChengYuSCN: 2011665116Date: 2013.06.26Question 1 Explain the law of delictFor any consequential loss may occur. Violations of the rights act is a civil wrong commi

2、tted by a person intentionally or negligently violates the legal responsibility for compensation responsibility. Law for three reasons, the responsibility of the damage or loss, caused by the law due to negligence and error.Violations of the right behavior and breach of contract has three difference

3、s:First of all, it is the law of another interest of dereliction of duty committed ACTS of infringement, including contract of personal rights. About the origin of responsibility is violated. Contract following the end of the individual rights of volunteering for dereliction of duty.The second point

4、, it is about the purpose of the relief. Specifically for the infringement of tort compensation legally recognized interest, exist independently of the contract.The third point, but the contract to perform, or to perform the contract or compensation dont have to give up the guide does not meet the t

5、erms of the contract. Its about failure. Fault is a requirement of wrongdoing in a loss, but the fault is not a contract.There are five types of tort: 1. Illegal behavior. Lead to commercial interests damage, such as the violation of the contract. 2. Business or personal reputation damage, such as b

6、usiness reputation. 3. Personal injury and death, such as the infringement to the SINS of the people. 4. Interference with a persons ownership or possession of the land or personal property, such as tort illegal possession of the land. 5 business or personal reputation damage, such as tort damage th

7、e reputation of others.B.Explain negligence and the potential liability resulting from it by means of an example. About the fault, damage generally is in casual between. Is the most common infringement behavior, infringement occurred in without notice. When fault occurs, deliberately without due car

8、e was self-defence.Predictability is one of the most widely accepted standard to evaluate whether, as a factor in the plaintiffs loss. Duty of care is influenced by both common law and statute law. About duty of care, have a duty to take care in the first time, have a responsibility to not take due

9、care and attention. From a neighbor in principle, people are inadvertently will affect our behavior and practices. Should I let them reasonably in thinking when I guide my ACTS or omissions of the mind and questioned.Example: donoghue v Stevenson (1932)Donoghue lady went to a cafe in paisley and her

10、 friend bought her an opaque bottles of ginger beer. Shop owners poured some ginger beer in ice cream in the glass, donoghue women drink. And then her friend pour out the rest of the ginger beer, when she saw a lady donoghue so-called decomposed snail in the bottle. She claimed that, as a result of

11、drinking the contaminated ginger beer she suffered a severe illness. Donoghue woman did not contact the seller or manufacturers goods, so she is the only remedy in tort for manufacturers according to his fault in not pay attention to the production of the products.Question 2In the above case study,

12、outline the specific rules of delict that apply in the employment context. Owe a duty of care, employers must keep work in safe environment Douglas. Task has been broken, the employer does not provide protective clothing, Douglas. After that, a burning piece is able to fly to Douglas, his entire bod

13、y was lit. Douglas was seriously injured. This causes damage. Because these three conditions are met, negligence can work. Douglas can ask for compensation.Outline the defences that Douglass employer may put forward Its about consent /volenti non fit illegal behavior. If they have a clear hint that

14、agree to them. People dont have the correct action. Must give consent free and full of risks involved in knowledge. Shall not apply to the person of responsibility.Because employers want to protect themselves, so they need to strengthen their own defence. Douglas damage and lost his job. Boss know t

15、hat the work is dangerous, but there is still no provide protective clothing for staff. Therefore, the committee may not be supported by the employer.Example: morris v MurrayThe two friends fly a light aircraft over a drink in the afternoon. The plane crashed, the injured passengers to prosecute the

16、 pilots estate. Defence of volenti is successful.Explain Douglass employers duty of careDuty of care is a duty to take care of first of all have a responsibility not to take due care. So, a duty of care is influenced by both common law and statute law. Standards of care are neither too timid or too

17、confident, not based on the defenders personal characteristics. Some specific individual needs more care. This level of care, according to the object is the case. Such as how easy it is to avoid injury. On the other hand, is what a dangerous job. Employers responsibility is to provide a safe work en

18、vironment, but the employer has failed to do so. So, his behavior affect employee is very serious. He declined to provide protective clothing and hateful attitude, eventually led to harm Douglas. And it is foreseeable. Unit of choose and employ persons in violation of the duty of care. Employers know risk accident happened before, but not employers avoid and defense it. So, in a word, Douglas employers claim may be required.Bolton v stone (1951)On August 9, 1947, miss stone, the respondent, injured a cricket ball while standing outside her house and a highway