LLB102 Chapter Notes - Chapter 5: Independent Contractor, False Imprisonment
Document Summary
Negligence: duty of care, scope of duty, standard of care, breach, harm/damage/injury, causation. The plaintiff has to establish the whole action onus of proof. Defendant has to raise any defences balance of probabilities. If it was unintentional but careless, there can be an action in trespass. To be actionable for negligence, it has to be intentional. The driver owes a duty to the road users. Scope is to keep a look out and avoid injuries to all road users. Established duty of care as it is an employer and employee relationship. Safe system of work in order to prevent harm to employees training etc. Orange has a duty of care to their employees employment relationship between orange and sam. Sam has injured piper; therefore, sam has a duty of care to piper (vicarious liability), not the company. Element control: required to wear uniform, delivery schedule.
