business contractual relationships 商务契约关系oue3

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DN97 34:Business Contractual Relationships

Case 1

Question 1

At the case Tom and Danny has vicarious liability. The vicarious liability is anexample of joint and several liability as the injured party can sue both the employeeand the employer. So in the case Danny has a duty of care with McGregor.

Donoghue v Stevenson【1932】

Question 2

The standard of care should Mrs McGregor have been entitled to expect from Dannyis the standard of care varies according o the particular circumstances. Something likedriving in a icy conditions would require a greater standard of care than in normalweather conditions. Like the case of Nettleshio v Weston

(1971), a learner driverowes the same standard of care to the other road users as an experienced driver, asanother road users and pedestrians are entitled to expect a certain standard of care.From this case Danny must pay more attentions on check and repair the break ofMcGregor‟s car. As a result of, Danny understand if he cannot ensure there has notany worry with the brakeof McGregor‟s car, it may make the accident happen. And itwould be a terrible result. But the end Danny did not spend more time on McGregor‟scar, he just worked on it for about 45 minutes. And after that he only tightened somescrews and the problem appeared to have been sorted.That‟s all is Danny didn‟t reachhis sta ndard of care.

Question 3

Question 1

The liability applies to the keeper of an animal is The Animals (Scotland) Act 1987Act established provisions to clarify the strict liability for injury or damage caused byanimals-that is liability even without deliberate or negligent conduct. It

states that aperson will be liable for any injury or damage caused by animal if three facts all apply:

a)The person was the keeper of the animal at the time;

b)The animal belongs to a species known as being likely;

( i ) to severely injure or kill people or other animals, or

( ii ) to materially damage property; and

From the case Mark was the keeper of the dog. The dog belongs to a species known asbeing likely to severely injury or kill people or other animals. Because of the Animals(Scotland) Act 1987 Mark has strict liability with this accident.

The strict liability is a legal doctrine that makes some persons responsible fordamages their actions, belongings or products, regardless of any “fault” on their part.Question 2

The precautions should Mark have taken when going for a walk in the country withTricky are:

a) take the dog chain; b) Sets a cap on thedog‟s mouth. That may be canhelp Mark and his dog.

Question 3

No he can‟t.

Under the Animals (Scotland) Act 1987, the following defences are available to thekeeper of an animal:

if the injury or damage was due wholly to the fault of the pursuereg where the pursuer goaded a docile animal which then attacked the pursuer indefence; where the pursuer has voluntarily accepted the risk ie volenti non fit injuria;injury or damage is caused by the mere fact that the animal is present on a road orelsewhere9 e.g. an animal straying onto a road and so causing a traffic accident )In this case, above three points are not satisfied, so Mark cannot defend for herself.Mark will carry out the strict liability.

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