Tort of Negligence

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Question 1

What legal issues does this situation raise and what are the possible legal consequences?

Issue 1--duty of care

The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1], ‘Duty 0f Care’ has been established in common law: 1. Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. whether Breach the duty of care is the main reason to resulting in infringement. 4. Whether the plaintiff suffered virtual damage as a result of the breach.

the bank operators have a duty of care towards the customers if they should have known about the danger around the workplace. in
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The Adelaide branch arrange its new junior recruits on its enquiry desk to serve new and existing customers. two weeks ago, the manager was really satisfied. From the current situation, The new staff are young and enthusiastic and situation was excellent and surprised. But if we follow the situation that had developed we could found that since new recruits just like Sam was young and lack experience, they might Looks efficient, but the quality of answers was low in fact. And the trainee giving advice to customers actually owes a duty of care seriously which because that they should know that the elderly man(plaintiff) intends to rely on the advice and the advice is a serious nature that the elderly man can not afford the risk obviously. it is hard to believe that they have enough strength of explanation to offer professional and accurate advice for the investors especially for the investment consultancy work. Finally, the legal status of trainee remains controversial. Sometimes can not properly protect their legitimate rights like the corporation whether follow the minimum salary rules.

Issue 3----Vicarious Liability

Was the brank corporation and the Adelaide branch manager liable for the negligence of its employees(sam)?According to the common law that vicarious liability is expressed in three main forms,

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