Claim Negligence Paper | Homework Help Websites
1. Why is fault important to establishing a claim in negligence? Use case law to illustrate what is meant by fault and why it is important in establishing liability.
2. Evaluate the extent to which the defenses to a claim in negligence are fair to both claimant and defendant.
3. With reference to decided cases, critically discuss the general rule relating to the recovery of damages for negligent statement. Evaluate the approach of the courts in determining such claims.
4. In claims for psychiatric injury, to what extent is it true to say that there are special provisions for rescuers? In outlining the relevant law, critically evaluate the courts’ approach to such claims.
5. Focus on how tort law deals with cases of pure economic loss. Discuss the general rule that pure economic loss is not recoverable and examine negligent misstatement. Use relevant case law to support your argument.
6. Discuss the justification for vicarious liability. Think about why liability is imposed on employers for the negligent actions of their employees. You can discuss this with reference to policy decisions and that it can be justified because it means the claimant can receive compensation. Give examples of situations when vicarious liability applies. Use case law to support your answer.
7. Discuss the rules on the remoteness of damage and whether they are fair or unfair. You could start the discussion on where the principle comes from (The Wagon Mound (No. 1) and then go on to examine how the law applies the rules.
8. Provide some examples and situations where vicarious liability applies. In additions, provide case laws to support your examples/answer and discuss the justification for vicarious liability. Also, think about why liability is imposed on employers for the negligent actions of their employees. You can discuss this with reference to policy decisions and that it can be justifies because it means the claimant can receive compensation because an employer is likely to be insured.
