Aspects of Contract Negligence for Business Assignment 2 BTEC Nguyen Huu Phong 2017

Aspects of Contract Negligence for Business Assignment 1 BTEC Nguyen Huu Phong 2017 tại University of Greenwich Viet Nam, đây là một trong những môn rất quan trọng và cần thiết cho những người muốn theo nghành businness cụ thể là human resource management như mình. Bài assignment này được mình làm tại trường. Các bạn có thể xem và tham khảo nhưng lư

ASSIGNMENT 2 FRONT SHEET Qualification BTEC Level 5 HND Diploma in Business

Unit number and title Unit 5: Aspects of Contract and Negligence for Business

Learner declaration:

I certify that the work submitted for this assignment is my own and research sources are fully acknowledged

Grading grid

Assignment title Aspects of Liability in Negligence in Business context

In this assignment, you will have opportunities to provide evidence against the following criteria Indicate the page numbers where the evidence can be found

no.

Assessor’s Feedback

LO3 Understand principles of liability in negligence in business activities

3.1 Contrast liability in tort

with contractual liability Point out how liability in

negligence tort differs from tort contractual liability

1.2

 Achieved

 Not achieved

3.2 Explain the nature of

liability in negligence

Provide brief explanation of

specific elements of the tort of negligence, including duty of care; breach of duty; damage–

causation and remoteness of damage; personal injuries;

damage to property or economic loss

1.1

 Achieved

 Not achieved

3.3 Explain how a business

can be vicariously liable

Explain definition of vicarious

liability

Explain how a business can be

vicariously liable

2.1

 Achieved

Not achieved

4.1 Apply the elements of

the tort of negligence and

defenses in different business

situations

Identify general actions to an

action in the tort of negligence and give brief explanation of each

of them

List the sort of remedies in the

tort of negligence and give brief explanation of each of them

Explain the differences between

defenses and remedies in the tort

of negligence

Conclude whether your

company are subject to negligence compensation

1.2

 Achieved

Not achieved

4.2 Apply the elements of

vicarious liability in given

business situations

 Explain the concept of vicarious liability and identify situations vicarious can occur, i.e

in the course of employment or in agency

 Analyze the required elements for vicarious liability that must be presented in each situation

 Based on the selected cases, make conclusion vicarious liability apply on each particular case, i.e vicarious liability and employment, vicarious liability and agency, vicarious liability and independent contractor

2.2

 Achieved

 Not achieved

Assessment criteria Expected Evidence Feedback

(note on Merit/Distinction if applicable)

Merit descriptor No.1 (M1) Identify and apply

strategies to find appropriate solutions

 Achieved

 Not achieved

Merit descriptor No.2 (M2) Select and design

appropriate techniques  Achieved

Not achieved

Merit descriptor No.3 (M3) Present and communicate

appropriate findings

 Achieved

Not achieved

Distinction descriptor No.1 (D1) Use critical reflection to

evaluate own work and justify valid conclusions

 Achieved

 Not achieved

Distinction descriptor No.2 (D2) Take responsibility for

managing and organizing activities

 Achieved

 Not achieved

Distinction descriptor No.3 (D3)

Demonstrate

convergent/lateral/creative thinking

 Achieved

Not achieved

Summative feedback

IV Grading Check: Comments if any:

Agree

Disagree Modify grade to

Introduction 8

LO3 Understand principles of liability in negligence in business activities

3.1 Contrast liability in tort with contractual liability 8

3.2 Explain the nature of liability in negligence 11

3.3 Explain how a business can be vicariously liable 12

LO4 Be able to apply principles of liability in negligence in

business situations

4.1 Apply the elements of the tort of negligence and defenses in different business situations 12

4.2 Apply the elements of vicarious liability in given business situations 13

Conclusion 14

References 15

In business, it occurred many cases unplanned as something inevitable, these situations influence and cause damage to the parties involved To control and solve it, we need to grasp and understand principles

of liability in negligence in business activities These factors will help us statistics and analysis clearly are situations to solve problems in the best way In this report, I will raise the concept and theory of tort law and those situations where the parties involved do affect each other when the mistake and damaging to the interests of others I will analyze the theory and apply that theory to situations in order to see clearly the situation and the parties must take responsibility and compensate the damage

LO3 Understand principles of liability in negligence in business activities

3.1 Contrast liability in tort with contractual liability

The contract is a commitment agreement between two or more parties (legal entities) to do or not to do a certain task in the framework of the law The contract is usually associated with the project, in which a party to the agreement with the other party of the project or part of the project for themselves the contract may be the civil agreement for economy or society The contract may be made in writing or by word of mouth can be the witness, if the breach of contract or not according to the commitment of the two parties will jointly to court and the loser will bear all the cost

According to Quora stated that:” A tort is a wrongful act that injures or interferes with another's person or property A tort case is a civil court proceeding The accused is the "defendant" and the victim is a

"plaintiff." The charges are brought by the plaintiff If the defendant loses, the defendant has to pay damages to the plaintiff.”

Example: In 2005, a police officer in New York City named John Florio had broken teeth, tearing her mouth and throat torn when chewing broken glass pieces hit in Big Mac of McDonald's food store After that, the culprits were discovered, Albert Garcia, an employee of McDonald's has jail in 18 years, who have deliberately put the broken glass on the pie McDonald has paid 5.5 million dollars compensation to Florio, while Garcia was accused of attacking police in a serious way

Causation: Any damage is the cause of it Possible causes stemming from misconduct There are many causes of damages but must search out and clearly identify the main cause leading to the damage

Breaking the chain: The series went from original cause leads to damage must be considered in a general way, learn all the sources of the cause of the damage and determining the cause would be the direct cause There are the basically types of tort:

• Trespass: it is the illegal infiltration behavior of a party to another party in any case for anything

other party Trespass occurs with 3 types of is human, property, land For human is the unlawful detention, vi cave assault, assault, for the property is misappropriated assets of other unauthorized people and for the land's constitute the illegal land use not permitted by the law Example: Mr.A and Mr B have a problem with the general land using, Mr.A caught Mr.B's daughter to force Mr B concessions and accept defeat in the dispute

• Nuisance: Is the nuisance, disrupting and discomfort of a party to the other party.

Example: A family party often extends to the late, large music affected everyone around

• Defamation: it is a false statement that it wrong, affecting the credibility, reputation, honor of the

individual or the organization

Example: Mr.A open a cake shop and Mr B is also opening a cake shop beside, Mr.A often tell clients that Mr.B's store unhygienic and poor quality of raw materials, while Mr.B's store completely ensure that all standards of hygiene and quality

• Negligence: an individual or organization fails to comply with an obligation to carefully impair,

damage to other people

Example: A home repair and shield are supposed to cover the surrounding area to not affect to other parties around However, due to the subjectivity does not cover the back of the house leads to the construction materials from falling broke windows of cars besides

• Liability:

Joint in liability: the two or more people responsible for causing damage to another party.

Example: Mr.A, Mr.B, Mr.C together to open coffee shop in the same streets and compete with each other However, because of the right strategy and attracted many more customers, so Mr.A coffee shop shilling is more people to drink, this leads to Mr.B and Mr.C affected sales Mr.B and Mr.C has linked together to smash Mr.A In one afternoon Mr.A sat before his coffee shop, Mr.B and Mr.C throw paint on and hit on Mr.A hand However, Mr.A was taken car number of Mr.B and show it to the police investigation After

investigating and found Mr.B and Mr.C conspirators should have conducted process Mr.B and Mr.C must compensate for the damages and not re-offending

Several or proportionate in liability: just as the Joint but in this case, the level of responsibility

depending on the level of errors caused by the parties

Example: under the laws in Vietnam, the nightclub was not open to 0.am midnight However, A nightclub opened to 3.am and Mr.A playing time to close the door and drunk He was still driving the car and the cops catch Nightclub bear 20% and Mr A bear 80% in the case of Mr A

Strict liability: responsibility put on the parties own the dangerous sources capable of causing

damage to other people

Vicarious liability: it is the responsibility that the head of the management and organizational

property be subject instead of the employee when the employee causes damage

Example: accident of Phuong Trang driver but the responsibility first by the Phuong Trang Company before processing to the driver caused the accident

Compare contract law and tort law:

Similarities:

Contract laws and tort laws share many similarities Both problem solving and handling violation according to the regulation, the parties concerned must compensate the damages as caused damage or adversely affect other stakeholders

Differences

Contract Liability Liability in Tort Relationship

Clearly defined in the contract

The offending party will take responsibility and

compensation as specified

No regulations and no contract

Damages

Damage primarily to compensation and the related financial impact

The damage affected property, health, benefits, The damage is not just in the financial side

Liability The offending party and not

done right under the provisions of the contract

The responsibility belongs to two or more people causing damage, liability could relate

to the other side of the offending custom levels of the party

stand-out responsibility for who directly caused the damage

3.2 Explain the nature of liability in negligence

According to Rotlaw stated that: “Negligence occurs when a person uses less than reasonable care to protect others from harm Most personal injury and similar tort cases are based on a claim that one person’s negligence has caused another’s injury.”

A negligence case has some elements:

Duty of care

The duty of care is a standard in the law of negligence It is a duty owed to use reasonable care; in other words, one must act as a reasonable person It is a duty to act the way a responsible person should act in a given set of circumstances, and a deviation from this could result in negligence

Example: mobile phone design engineer of Samsung must do everything thoroughly if not explosive battery error occurs same as Note 7 in 2016 If it happens again, they must bear all the responsibilities There are 3 factors: Foreseeable, Proximity, Reasonable

Breach of duty of care

According to Rotlaw state that: “A breach of duty occurs when one person or company has a duty of care toward another person or company, but fails to live up to that standard A person may be liable for negligence in a personal injury case if his breach of duty caused another person’s injuries.”

Damage

It is the loss or damage to health, honor and property, the spirit of the victim

Damage has two types: Physical damages and Nervous shock

Example: X taxi carrying Mr.A caused the accident but luckily there have no damage However, Mr.A haunted about the crash affect your work He has a lawsuit about the compensation damage physically and mentally that he was causing

3.3 Explain how a business can be vicariously liable.

Vicarious liability is imposed on the manager or the organization responsible for the replacement of staff who caused the damage in at your service

Employer-employee: responsible management party when the two parties have a labor relationship in

Example: go back many years ago, when the driver of the singer Ho Ngoc Ha take her out, while the wait has caused the accident caused 10 deaths Ho Ngoc Ha to stand bear all damages and compensation for the damage, and the driver will be processed by law and set forth in the labor contract between the two

Agent-principal: relationship between the two sides often in short period and do not exist a relationship

contract When the agent to follow the orders of the principal and causing damage, then the principal will

be responsible for, and when the agent himself caused the damage, the principal is not liable

Independent contractor: who is from labour, the action itself and solely for all the consequences, effects

caused by ourselves

LO4 Be able to apply principles of liability in negligence in

business situations

4.1 Apply the elements of the tort of negligence and defenses in different business situations

Situation: Mr A went to the shop of Mr B to purchase of an iPhone 6S old as a gift for the birthday of his wife, after checking series number on iPhone, Mr A paid and signed the bill with Mr B, then Mr A asked

Mr B brought it to address XXX to give Mr A's wife and make her surprise However, after Mr A left, other person has brought an iPhone 6s faulty heater battery and have the same color with the color of the Mr.A's iPhone To date of Mr A, Mr B had taken the error iPhone to delivered to Mr A's wife The consequence is that two days after use, the phone fuming and almost burnt hands, burning his wife Mr A After checking the series on iPhone that Mr A realized it is not the iPhone bought because of different series Mr A lawsuit Mr B because responsibility for interior work and influence others

Situation analysis:

Mr B was not careful in work, rushing and caused damages to the wife of Mr A when delivered a faulty battery products and very dangerous This has led to the wife of Mr A burned hand affect health

Conclusion: Mr B has responsible and obliged to compensate the damage caused to Mr A and Mr A's wife If the lawsuit then Mr A fully capable of winning because Mr B was wrong mercy lead to unfortunate incidents