2. 外语
  3. Write short notes on: (a) vicarious liability; (b) negligence.

Write short notes on: (a) vicarious liability; (b) negligence.

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问题 Write short notes on:
(a) vicarious liability;
(b) negligence.
选项
答案(a) Vicarious liability is liability for the tort of another. The most common situation for vicarious is that the company should be responsible for behaviors or actions of the employee or servant in the course of his/her employment. It is a type of strict liability, i.e. once the elements of the relationship have been established, the person to whom vicarious liability is fixed cannot avoid liability, by showing a complete absence of negligence on that person’s part, or by establishing any defence. (b) Negligence is an independent and specific tort which measures behaviour against an objective standard, involves a "triple concept". To establish negligence, the plaintiff must prove that: The defendant owed him a legal duty of care; the defendant was in a breach of that duty; and he has suffered damages as a result of that breach.
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