Good Example Of Negligence Essay

• What level of duty does CI owe to BTF and have they breached that duty?

CI had a duty of ensuring the wiring of the network cables is done in a proper way. They breached the duty by accidentally rewiring the system that controlled the fire sprinkler rendering it inoperable. They were negligent in doing their work thus causing a high risk of damage if an outbreak of fire occurred. When “the but for test” is used, then they will be liable for any damage done but it has to be proximate to the negligence.
• To what extent is the concept of cause in fact versus proximate cause important when considering Computer Installer Inc.’ liability? In cause in fact, it must be shown that CI negligence in rewiring of the system that controlled fire sprinkler led to the loss incurred due to the fire. The damage must be solely caused by the actions of the CI that was not the case. They had a duty to ensure the rewiring of computer network system is done well but they breached it rewiring the wrong system and thus liable for that. However, it was not their negligence that caused the fire but of the office cleaner (OC). In the proximate cause, it must be shown that the damage is closely associated to the negligence in performing their duties. The fire spread and caused the great damage due to the inoperable sprinkler and thus their negligence is closely connected to the great damage.

• Liability

The Computer Installer Inc.’ should be liable to the extent that the fire sprinkler system would have helped to reduce the damage. The Office Cleaner should not be held fully liable for loss incurred by the company. For example if the loss was 100%, the OC should be liable for 70% and the CI 30%. This is because it was the CI’s negligence the fire could not be controlled in time thus reducing the loss incurred.