Agreement For Negligence
The key test for remoteness in cases of negligence is predictability. In The Wagon Mound (1961), the defendants negligently admitted that oil was arriving at Sydney Harbour. The plaintiffs welded, but stopped doing so when they saw the oil. After being informed that the sparks were not going to ignite oil that was on the surface of the water, they went back to work. Sparks ignited debris on the surface of the oil, which in turn ignited and damaged the complainants` dock. It was found that the defendants were not liable, as the only foreseeable damage was pollution rather than fire. In contrast, for two years, a local authority in Jolley v London Borough of Sutton (2000) failed to remove an abandoned boat. A 14-year-old man was seriously injured while trying to mount the boat to repair it. The authority was found responsible because it knew that children were playing regularly on the boat, so it was foreseeable that a child would be injured. It was not important that the exact nature of the harm was not foreseeable. The cases may seem contradictory, as The Wagon Mound focuses on the predictability of the nature of the damage, while Jolley v Sutton focuses on the predictability of damage. There are a number of cases in this area and they are not always easy to reconcile.
For the purposes of company law and economic law, the most important point to be taken into account is that the test of expulsion in the event of an unlawful act of negligence is based on the foreseeability of the damage. You should be prepared to illustrate this point with examples. Negligence – the measure of damage As in the case of the contract, after the determination of liability in the event of negligence, the next point to be taken into consideration is that of remedies, and the purpose of remedies is to allow the applicant to fade if the breach had not occurred. In cases of negligence, the applicant must therefore be able to do so if he had not been committed. Contract – the relationship between the parties A contract is a legally binding agreement between the parties. The parts may be known to each other, such as to a client and an accountant, or they may be foreign, such as a software company and a person who downloads and installs the software. In both cases, there is a clear relationship between the parties and this relationship is both established and governed by the contract. (The rules on the conclusion and content of contracts are laid down in programmes B1 and B2 of the LW-ENG programme.) Using the same titles should remind you of the most important aspects of each of the two areas, so you`re less likely to confuse them.
(The words „contract“ and „negligence“ are intentionally repeated in each title, so you get used to distinguishing between the rules for each area, instead of having a general set of notes on, for example, the distance of damages, which confuses documents in both areas.) Our lawyers are experienced in conducting disputes and arbitration proceedings regarding claims for damages for negligence in most cases. Note that the law of negligence takes predictability into account twice: once with regard to the duty of care and once again with regard to removal….