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Assignment sample solution of CLW303 - Tort Law

Q.1 Define negligence and outline its elements in tort law.

Q.2 What is vicarious liability, and when does it apply?

Q.3 Explain the defence of contributory negligence in tort law.

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Civil Law Assignment Sample

Q1:

Answer :

Q.1 Ans. Negligence arises from failure to exercise reasonable care, causing harm. Its elements are duty of care, breach of duty, causation, and damages. For example, drivers owe a duty of care to other road users; breaching it by reckless driving leads to liability for resulting injuries.

Q.2 Ans. Vicarious liability holds employers accountable for employees' wrongful acts during employment. For instance, if a delivery driver causes an accident while on duty, the employer is liable. It ensures victims' compensation and encourages responsible hiring and supervision.

 

Q.3 Ans. Contributory negligence reduces a plaintiff's damages based on their role in the harm caused. For example, if a pedestrian jaywalks and is hit by a speeding car, liability is shared. Courts apportion damages according to each party’s contribution to the incident.