Common Law

Q 1. Define Tort and write a note on differences between contractual and tortuous liability.

Q 2. Score Bowling decided to build a number of bowling alleys. They contracted with CTC International to deliver materials and install all the bowling alleys. As this was an expensive operation so it contracted with CTC International, that CTC International would retain property in all equipment and raw materials brought into any of these centers until the installation was completed. Score Bowling also instructed a Firm of architects to erect the buildings and agreed to send for CTC International to build the alleys only "when the center shall be ready to accept delivery of the said goods".

Following such notice CTC moved in, but its equipment was damaged by rain water which entered the building through an imperfectly completed door way by the Firm. All its timber was damaged while on premises due to the rain water. CTC only had brought timber on premises when Score Bowling and the Firm had confirmed that the property was ready for installation of timber. Moreover, Harrison the contractor of CTC slipped while descending stairs due to faulty railing.

CTC is claiming against both Score Bowling and the Firm.

Advise CTC and in light of decided cases explain the principle of Occupier's Liability

Q 3: A milkman, contrary to express prohibition by the Company he was employed by, took a young boy with him on his milk round. Partly owing to boy's own carelessness, but mainly owing to milkman's negligent driving, the boy was injured. The boy's parents held claim against the milk man's Company for damages.

Is the milkman's employer vicariously liable, write your arguments for and against the defense.

Q4: Write a note on different type of tortious liability.