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Torts and Constitutional Law Acts - Assignment Example

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The paper "Torts and Constitutional Law Acts" discusses that vicarious liability was restricted to the circumstances of direction and control. This case is significant in that it has to some extent overturned the precedents that exist in other cases of vicarious liability…
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Torts and Constitutional Law Acts
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Download file to see previous pages A Plaintiff will have no recourse to damages if he/she engages in an activity in which the risk warning is apparent. Section 5M of the Act specifically eschews duty of care if a “risk warning” is given. Such a risk warning may be given orally or in writing before the activity is initiated. It is immaterial whether or not the person to whom the risk warning is given comprehends it fully or not. Therefore, this completely absolves those who offer dangerous recreational activities from any liability if minors or customers who do not fully comprehend the risks suffer injuries.
Moreover, Section 5 N of the CLA also provides for liability waiver clauses in recreational service contracts as a result of which services that are provided with a reasonable degree of care and skill are excluded from liability for a breach of the warranty provided with the service. The basic assumption is that minors are not legally eligible to enter into contracts therefore the express waivers and exclusion from liability that is provided is valid and holds good. But whether or not a minor may enter into a contract has to be decided in the Courts.
But from the provisions and modifications as mentioned above, liabilities have been limited, but whether this constitutes effective reform is a debatable issue. While “risk warnings” are an effective way to limit negligence liability, the fact remains that most of the modifications that have been achieved have been through restricting and cutting back on risks that are to be assumed, rather than introducing any significant reform measures. In essence, most of the original common law principles remain, whatever changes have been made are limited to the introduction of various means to restrict and limit negligence liability.
Ans 4: The case of Wilson v Horne concerns direct trespass that is unintentional. ...Download file to see next pagesRead More
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