FAQs about Litigation & Disputes

Reading Litigation and Disputes FAQs

What is the best way of resolving a dispute?

The answer depends on:

  • How “mature” the dispute is
  • The attitude of the other party
  • How much money you have to spend
  • Your attitude towards the risk, stress and time involved with litigation

If disputes are caught fairly early on, invariably it is advisable to try and settle the dispute outside of court.  You could:

  • Negotiate a settlement through your solicitor
  • Use mediation
  • Use arbitration

For these methods to work, both parties have to be willing to enter into the proceedings and be bound by any settlements or decisions that are reached.

What is vicarious liability?

Vicarious liability is an area of the law, which states that an employer is responsible for the actions of employees, contractors and agents where those actions cause loss to the persons stated above or third parties.  However, this is subject to the employer exercising a degree of control over the employee.  Proving vicarious liability with contractors and agents is more difficult, as it is not always easy to verify whether the employer exercised a degree of control in how the work was carried out.

What is negligence?

Negligence is a type of tort.  Negligence imposes duties of care on people who share some sort of casual relationship (i.e. the relationship between a doctor and a patient or pedestrians and drivers of cars).  The standard of care required is ascertained by asking what could be expected of the “reasonable man” in the the defendant’s position.  If the defendant has not fulfilled those reasonable standards, he will be in breach of a duty of care.  If the claimant has suffered “loss” (see below) as a result of the breach, he/she may be entitled to claim compensation.

In the context of negligence, what does loss mean?

The idea of compensation in civil law is to restore a person to the same position they would have been in had a wrong (negligence or contractual breach, for example) had not been committed.  Loss in the context of negligence is compensated by:

  • Special damages – for lost wages, damage to property, medical expenses
  • General damages – loss that is not easily quantifiable i.e. pain and suffering experienced due to injuries sustained as a result of negligence.