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Tort
The law of tort is that set of rules specifying certain actions and omissions as
wrongs which gives rise to civil liability
3 types of tort Tort of intentional conduct, tort of negligent conduct and tort of
strict liability
Questions asked are always pertaining to tort of negligent conduct, so forget
about the other 2
Tort of Negligence
Duty of care
Breach of duty
Resulting damage
If point 1 and 2 are shown and point 3 is absent, a duty of care exists.
Miscellaneous issues
Vicarious liability
Pursuant to the tort of vicarious liability, one person may be made answerable
for the actions of another. Control required for vicarious liability to occur.
1) Does the employer have any control over the employee?
Eg does the employee report to the employer?
2) Is the tort committed within the ordinary course of business?
If yes to both, firm/employer is vicariously liable for the tort of negligence
committed by employee