HND BCR 商务契约关系 outcome1(3)

defender, and that the delict (wrongful act) was committed within the scope or course of his employment. If the employer is sued and found liable, then the insurance company can sue the employee for the amount that has been paid in damages which is unusual unless conduct has been willful, it is illustrated by the case of Lister V Romford Ice and Cold Storage Co (1957).

Strict liability: The liability Where can arise without fault through statutory provision.

The principle of no liability for pure economic loss has been qualified by some development in case law where there is financial loss caused by negligent misstatement and where financial loss is caused by careless acts in limited circumstances. In the case of Hedley Byrne & Co v Heller & Pareners(1964)

In the case of Smith v Eric Bush (1989), the House of Lords held that such disclaimers could not exclude the liability of surveyor for negligent report as under the Unfair Contract Terms Act 1977 it was not fair or reasonable to expect the purchaser to take the risk for losses arising form the incompetence of a surveyor.

Question 2

Defences

The following defences are available when concerned with liability in relation to both dangerous and non-dangerous species:

Contributory Negligence

Where the damage caused is due wholly to the fault of the person suffering it is said to be a defence under Section 5 of the Animals Act 1971.

Violent

Voluntary assumption of the risk is a defence under Section 5 of the Animals Act 1971 but not if this risk is ordinarily incidental to that persons employment. An example of this would be someone working as a lion tamers assistant.

Trespasser

Under Section 5 of the Animals Act 1971 there will be no liability where the keeper can prove that the animal was not deliberately kept to protect persons or property from trespassers of if it was that this protection was not unreasonable.

In the case, the employer can use contributory negligence, consent and volenti non fit injuria and damnum fatale. In the case of Lister v Romford Ice and Cold Storage Co (1957), and in the case of Morris v Murray (1991),The defence of volenti was successful.

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