Vicarious Liability

BCL – L1 – Q33 – Tort

Advise on liability for trespass and related torts in a football match scenario involving various parties.

Question

James bought a ticket to watch his local amateur football team, Unity FC. On the ticket it stated, ‘No one may use any recording equipment in the stadium’. While James was at the match he started using his video camera to record parts of the game and was immediately asked by a club steward to leave the stadium.
Meanwhile, Kofi, a Unity FC defender accidentally kicked the ball over a wall and it landed on Sarah’s head in the garden of a house which backed on to the stadium. Sarah is a tenant of that house and she had a head injury as a result of the ball hit.
In the second half of the match, whilst Daniel was piloting an air balloon near the stadium, the weather turned windy and a hot air blew over the pitch affecting spectator Ama’s eyes and causing her to completely lose her sight. Strikers FC lost the game 4-0. A crowd of 50 supporters gathered on the public road outside the club offices chanting for the manager to resign.

(a) Advice (i) James, (ii) Kofi, (iii) Daniel, (iv) Strikers FC, and (v) the supporters of Strikers FC on their liability in trespass, if any.

(b) ‘The law on vicarious liability is not based on any clear principles or policy and is therefore difficult to apply in any particular case’.
Discuss in relation to the liability of an employer for the acts of an employee.

Answer

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Tags: Employer Liability, Negligence, Tort, Vicarious Liability
Level: Level 1

Topic: Tort

BCL – L1 – Q32 – Employer Liability

Advise on employer liability for negligence causing damage to a neighbor’s property.

Question

Kwame Yeboah is the Head Labourer at Vision Seed Academy School who resides on the campus. Among his duties is the washing of the school buses. In view of frequent water shortages in the neighbourhood of the school, Kwame decided to keep the tap to the main water reservoir open at midnight and fit a water hose to it in order to store enough water for washing. This practice is well known to Management of the school.
One night Kwame could not wake up to turn off the tap as he usually does, which overflowed the reservoir and flowed to the adjoining house where the owner kept fowls. A few fowls died from the sudden overflow of water through the house. The neighbour is upset and is threatening court action against the school. Management of the school thinks Kwame has been negligent and must therefore be made to pay for the dead fowls. Kwame has come to you for advice as the mishap occurred in the line of duty.
You are required to advise in the context of the Labour Act, 2003 (Act 651) and decided cases.

Answer

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Tags: Duty of care, Employment Law, Negligence, Rylands v Fletcher, Vicarious Liability
Level: Level 1

Topic: Employment Law

BCL – L1 – Q30 – Negligence

Define professional negligence in the context of a hospital case.

Question

Beatrice Yeboah reported to Dunkwa Government Hospital with a deep cut on her ankle for treatment. No medical doctor was immediately available to attend to her but as a result of her profuse bleeding, Emmanuel a janitor who has observed several minor surgical operations offered to conduct the surgery with the support of a Nurse. Upon discharge from the hospital, Beatrice who did not realize that Emmanuel was a janitor noticed that she had suffered permanent numbness in her left leg. In the circumstance, she intends taking legal action against the hospital as the management of the hospital is repudiating liability for her impaired condition.

Beatrice has just heard that you were the most outstanding law student of your class and she has approached you on the following:

(a) What is professional negligence

(b) Advice on the options available to her

Answer

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Tags: Damages, Negligence, Tort, Vicarious Liability
Level: Level 1

Topic: Tort

Tag (SQ): Vicarious Liability

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BCL – L1 – Q33 – Tort

Advise on liability for trespass and related torts in a football match scenario involving various parties.

BCL – L1 – Q32 – Employer Liability

Advise on employer liability for negligence causing damage to a neighbor’s property.

BCL – L1 – Q30 – Negligence

Define professional negligence in the context of a hospital case.

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BCL – L1 – Q33 – Tort

Advise on liability for trespass and related torts in a football match scenario involving various parties.

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BCL – L1 – Q32 – Employer Liability

Advise on employer liability for negligence causing damage to a neighbor’s property.

You're reporting an error for "BCL – L1 – Q32 – Employer Liability"

BCL – L1 – Q30 – Negligence

Define professional negligence in the context of a hospital case.

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