Breach of Statutory Duty

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Definition of Vicarious liability?
Liability of an employer to employee or third party. NOT A TORT but a legal mechanism for holding employers liable for employees tort
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Requirements of vicarious liability?
1. Employee, 2. Tort, 3. Cause of action
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2 elements of Statutory Duty?
Intention of parliament (does the statute give rise to a claim?), what is the scope of protection?
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Standard of care require in Statutory duty?
burden on D = absolute
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Case analysis of Statutory duty?
1. Who is the claimant? (who is protected) 2. Who is defendant? (on whom is the duty imposed) 3. What damage does the statute cover? (what harm is protected against?) 4. What must C prove to establish the claim? (what is the content of statutory duty
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Other cards in this set

Card 2

Front

Requirements of vicarious liability?

Back

1. Employee, 2. Tort, 3. Cause of action

Card 3

Front

2 elements of Statutory Duty?

Back

Preview of the front of card 3

Card 4

Front

Standard of care require in Statutory duty?

Back

Preview of the front of card 4

Card 5

Front

Case analysis of Statutory duty?

Back

Preview of the front of card 5

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