3.2 Explain the nature of liability in negligence.

In law when a person do something wrong or fails to do what promised is

known as negligence, but the harm made by a person is without intention
of the defendant.The plaintiff can claims damages if he can proves that he
suffers any injuries or loss due to the negligence.

The main elements of negligence are as follow:

Duty of care is the situation when the manufacturers is liable for

consumers on selling products or services.

Breach of duty. The person must be under the duty of care of the
plaintiff. All people of society are under the duty of care towards
other property.

Direct cause. If a person suffers any injuries because of duty cause

then defendant is liable for injury but its necessary that particular
acts are cause due to the negligence of the defendant.

Remoteness of damages. In case The Wagon Mound no 1 (1961) the

owner ship is not liable for fire, because he told to the wharf owner
to stop welding works because the oil was spilled around. The wharf
owner ignore his notice and in this case the Court held that he was
under contributory negligence and is responsible for fire.

Harm and damages. Plaintiff must to prove his injury to the

defendant act to cover his loss. In case Constantine v Imperial Hotel

(1944) a professional cricketer, Constantine, from West India had a

reservation for one week for him and his family at Imperial Hotel,
London. When Constantine arrived they were informed that they
could stay in hotel only for one night because he was from West
India. He claim the hotel for racial discrimination in Britain and
because the hotel breached the terms without a reasonable motive.
The court held that right of Constantine had been violated. He
received five guineas for damages.

3.3
Employers are vicariously liable for the negligence of their employees for
the acts that are committed during the period of employment.
Vicarious liability involves accident prevention by giving an employer a
financial interest in encouraging his employees to be care full and take
care for the safety of other people.
The employer also has to bear any loses that activities cause because he
does profit from the work of employees.
To establish liability the employer has to ask at three question.
Was a tort committed?
Was the tortfeasor an employee?
Was the employee acting in the course of employment where the
tort was committed?