BU231 Lecture Notes - Lecture 3: Contributory Negligence, Intentional Tort
Document Summary
Causation: three part test for negligence, material contribution test, remoteness and. Mound), [1961] a. c. 388: australian case and at the time the appealed to the court in england. The charters of the ship spilt oil in the harbor. The problem was mainly that they were welding on the dock, a spark flies of the torches and a fire starts in the water. The fire was not foreseeable so the case fails because there was a need for a catalysts for the fire to ignite in the water. The house of lord said that the defendants were not liable. Circumstantial evidence rule that the defendant"s negligence was the mostly likely cause of the injury: the defendant then has the burden of showing that it was not negligent. Insurance: the role of insurance in the business environment, minimizing the risk of loss due to tortious actions on the part of the employer or employees (vicarious liability, cost of business.
