Aspects of Civil Liability for Business
An optional unit towards your BTEC qualification in Business.
This Unit is one of the optional units you can study towards your BTEC qualification in Business.
Edexcel BTEC Level 3 Subsidiary Diploma in Business
Edexcel BTEC Level 3 Diploma in Business
Edexcel BTEC Level 3 Extended Diploma in Business.
This unit considers an area of law (aspects of the law of tort) that affect the day-to-day running of businesses. A tort is a civil wrong where a contract is not needed for there to be liability, although there will be a contract in some cases. A person who commits the wrong is potentially liable in tort, as is that person’s employer in some situations. The two main areas of negligence and nuisance, are studied in this unit:
Negligence has a particular legal meaning that learners will explore. In very simple terms, it is carelessness for which the person who has been affected by that carelessness is compensated. Learners will consider the legal rules on negligence, learn to use the appropriate technical terms and understand the impact of this area of law on businesses, employees and those affected by the negligence.
The elements of negligence (duty, breach and damage) are explored in some detail. In particular, different areas of liability are examined. An understanding of occupier’s liability is essential for all businesses as it is key to the potential for claims and the management of premises. The distinction between visitors and
others on premises is important to establish the different standards of care required of those involved in the management of land and buildings. Similarly, an understanding of the law’s reluctance to extend liability for negligence can be seen in the areas of pure economic loss and psychiatric damage.
There are several types of nuisance, but this unit is concerned with private nuisance and the rule in Rylands versus Fletcher only. A private nuisance is the unreasonable interference with another person’s use of their land, so involves matters such as smell and noise. Learners will consider the legal rules on nuisance, learn to use the appropriate technical terms and understand the impact of this area of law on businesses, employees and those affected by the event
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