Posted: August 9th, 2022

Law Assignment

Law Assignment
Name
Institution

Q1
Solution:
Issue: Whether the employer or insurance company was liable for the careless act of the petrol tank driver
Law: Vicarious liability
Application: When the accident happened, the driver was the employer of the transport board, and at the time was acting on behalf of his employer. Therefore, his negligence occurred in the course of employment thus making the employer liable, and as such, the transport board is entitled to indemnity from the insurer.
Conclusion: The employer is liable for the actions of the driver, and the insurance company is responsible for paying for damages.
Q2
Solution
Issue: Whether Rylands was liable for damages incurred by Fletcher
Law: Strict Liability
Application: Rylands was fully aware of the fact that Fletcher’s mine could potentially be damaged by the activities of his contractors. An individual who brings on to his land anything that has the likelihood of getting in the way of another individual’s rights is accountable for all damages that may happen if that thing escapes.
Conclusion: Rylands was liable for damages incurred by Fletcher
Q3
Solution
Issue: Whether an injunction can be enforced on a personal services contract
Law: Contract law
Application: A court cannot put into effect explicit performance for a personal service. However, the court should attempt to bind individuals to their word and the court cannot put in force clauses that are negative if they would coerce them into starvation or to implement the positive clauses (services only)
Conclusion: An injunction should be granted so as to prevent the defendant from performing for another as indicated in the contract.

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