By the time you have
completed this course you should be able to:
-
distinguish between contractual and
non-contractual remedies
-
identify the correct remedy to use when
faced with a consumer problem
-
explain the principles of negligence
-
explain the purpose of the Health and
Safety at Work Act and explain the legal duties of the employer and
employee
-
identify situations in which an
employer is made legally responsible for the actions of an employee
-
explain the rules governing the tort of
nuisance
-
list other environmental protection
laws
-
apply legal principles to business
based problems and suggest possible outcomes.
The purpose of this
course
is to consider in detail some of the legal obligations which are imposed
on those who sell or produce goods and services. The aim is to build upon
your knowledge of the contractual rules which are imposed on such persons
and to demonstrate how these are reinforced by other provisions. It is
also important that you can identify the correct set of rules to apply
from a given set of facts.
We can separate these
obligations into a number of different categories. These include:
-
liability to consumers imposed by Act
of Parliament
-
liability to consumers imposed by the
common law
-
rules governing those acting ‘negligently’
-
employers’ liability for the actions
of employees
-
health and safety at work.
Section One: The
Duty of Care in Negligence
Negligence:
an introduction
The duty of
care
Special
circumstance
Negligent
statements and professional
negligence
Summary of
section one
Section Two: Other Aspects of
Negligence and Product Liability
Breach of
duty
Factors in
setting the standard
Proof of
breach
Resulting
damage
Defences
Remedies
Product
liability
Summary of
section two
Section Three: Other Aspects of
Tort
Nuisance
The rule in
Rylands v Fletcher
Occupier’s
liability
Summary of
section three
Section Four: Liability in
Respect of Employees
Vicarious
liability
Liability for
employees only
Within the
course of employment
Health and
safety at work
Making the
system work
Summary of
section four
Unit 4:
additional questions
Additional
questions: guidance
Tutor-Marked Question Paper
