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Legal Aspects

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Legal Aspects

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    1. 1 Legal Aspects CIPS Graduate Diploma Core Module

    2. 2 Law of Tort Law of Tort - harm or wrong Based on fault: Intentional Reckless Negligent

    3. 3 The ‘but for’ law Causal link - ‘but for’ test The loss would not have occurred ‘but for’ the defendants conduct McWilliams v Sir William Arnold Ltd 1962

    4. 4 Vicarious liability An employer may be vicariously liable for the conduct of an employee.

    5. 5 Vicarious liability Limpus v London Omnibus Co 1862 Driver racing! Beard v London Omnibus Co 1900 Conductor decides to drive the bus

    6. 6 Employer paying out under vicarious liability has the right of full indemnity against the employee Lister v Romford Ice and Storage Co Ltd. 1957

    7. 7 Lister v Romford Ice and Storage Co Ltd. 1957 Son drives van into his father - negligently. Father sues the company Romford. Romford then sued the Son, an employee for reimbursement.

    8. 8 Defence in tort Volenti non fit injuria to him who consents - no injury done

    9. 9 Negligence Donohue v Stevenson 1932

    10. 10 Duty of Care What would a reasonable man do? No10 Clapham Omnibus

    11. 11 Resultant loss Causal link to defendants conduct Damages to claimant Damages caused by oil pollution catching fire. WagonMound 1961 p191

    12. 12 Economic Loss Spartan Steel and Alloys Ltd v Martin and Co 1973 Cable cut - batch of molten metal spoilt. Takes 14hours to repair furnace. 14 hours profit claimed unreasonable?

    13. 13 Consumer Protection Act 1987 Includes Criminal liability for unsafe goods Pt 1 imposes strict liability on manufacturers, importers and distributors for goods likely to cause injury or damage to property.

    14. 14 Consumer Protection Act 1987 Pt 2 makes suppliers criminally liable for supplying unsafe goods Pt 3 refers to misleading prices.

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