Assignment Scenario

You (Adrian), Ben and Cecile are the one of the three partners of the company ‘Business Logic’. Your main trade is to offer advice to companies on the best and cheapest goods or services available online. Your work is, therefore, to conduct extensive online searches and offer reliable information to companies within very short periods of time.

In this context, please conduct research and answer the following questions to the best of your ability;

 
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Assignment Question(s)

Question 1 (Learning outcome: 1) Describe the nature of general tortious liability comparing and contrasting to contractual liability

i. Client A is offering to you a bottle of expensive French champagne as a gift during the opening of your new premises in Amsterdam. The champagne is contaminated with chemical soap used to clean the bottles. As a result you fall ill. Can you sue the champagne company? Would your situation be different if you had bought the champagne yourself? Please compare contract and tort liability and explain the meaning and implications of the rule of privity.

Question 2 (Learning outcome: 1) Explain the liability applicable to an occupier of premises

Two days after the formal opening of your offices in Leidseplein at the third floor of a building, a woman and her three year old son come into your office. Your secretary instructs them to take a seat in the waiting room and wait for you to meet them. While they do so, however, the son touches an exposed electricity wire on the floor. It seems that your sub-contractor forgot to cover it up.

i.  

Explain what is premises and who can be considered as an occupier of premises here. For present purposes, assume that the company does not have a separate legal personality.

ii.

Compare the liability of the occupier as regards the 8-year-old boy and his mother. What is the applicable legal standard?

Question 3 (Learning outcome: 1) Discuss the nature of employer’s liability with reference to vicarious liability and health and safety implications

A month after your company starts functioning; one of your secretaries decides to go out to the designated smoking area in the balcony for a cigarette break. Instead of putting out the cigarette in the ashtray, he throws it off the balcony and on to the balcony of the downstairs firm, where there is flammable material (carton box with paper). As a result a fire erupts and the downstairs company suffers serious damage; they need to shut down for a month, repaint their premises and throw away files and documents contaminated by smoke.

i.  

What is the extent of your liability for the damage caused by your secretary, if he was one of your employees?

ii.

What would be the extent of your liability, if the secretary was an independent contractor?

Question 4 (Learning outcome: 1) Distinguish strict liability from general tortious liability

Your company failed to provide correct advice to a client because of carelessness.

i. Explain whether your company would have strict or general tort liability, and analyse the difference between the two concepts.

Question 5 (Learning outcome: 2) Explain and understand the application of the elements of the Tort of Negligence

On your way to work, you are buying a café latte from the down stairs cafe. The milk used for your coffee has expired however, and you fall sick as a result of its consumption.

i.  

What are the elements of the tort of negligence according to the Donoghue v. Stevenson Case?

ii.

How can they apply in the present case?

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