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M1K316 - Applied Commercial Law

6 Pages1198 Words74 Views
   

University of Durham

   

Commercial Law (M1K316)

   

Added on  2020-03-07

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Negligence was recognized as a separate cause of action in the case of Donoghue v Stevenson. It must be noted that the law of negligence in Singapore is based on English law. However, there are some areas where Singapore courts follow the principles of UK courts. We will discuss the laws, issues, and applications of commercial law in this assignment. Part-1

M1K316 - Applied Commercial Law

   

University of Durham

   

Commercial Law (M1K316)

   Added on 2020-03-07

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Running Head: Law 1Law
M1K316 - Applied Commercial Law_1
Law2Answer 1Introduction:In case Donoghue v Stevenson, negligence was considered as separate cause of action. Itmust be noted that in Singapore, law of negligence is based on English law. However, there are some areas in which Courts of Singapore adopt the principles of UK courts. Law of negligence can be used by the party as cause of action against the other party, if former party suffers loss or injury because of the behavior of later party. This law is more helpfulif there is no contractual relationship between the parties, because victim cannot depend on the contractual remedies in this case. Law of tort is considered as tool which depends on the right and wrong action of the parties. Issue:Whether Sue has right to take legal action against Peter for the purpose of claiming damages under Tort of Negligence? Law:Law related to negligence cannot be used only on the ground of lack of care and party who want to claim damages under negligence must show that: Defendant own duty of care towards the plaintiff.Defendant breaches the duty of care.Because of the breach plaintiff suffered recoverable damage.
M1K316 - Applied Commercial Law_2
Law3In 2007, Singapore Court of Appeal provides landmark decision in the case Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency. In this case, court stated some essential elements for the purpose of claiming damages under negligence. These elements are stated below: Duty of care- it is necessary that plaintiff proves that damage or injury suffered by plaintiff was foreseeable in nature. This can be understood through example- if defendant throwsthe stone from the 7th floor of the building then it might be possible that stone injured someone. Plaintiff must present the evidence for the purpose of proving that plaintiff was physically, circumstantially or causally related to the Defendant. For example- man threw a pieceof glass in the sea of Australia, is not related to the man who steps on and got injured by the piece of glass on the beach of Singapore. For the purpose of determining the relation between theparties, Court considers control, vulnerability and knowledge.It must be noted that there must not be any public policy consideration for the purpose of finding duty of care. This can be understood through example, Court consider it unwise for the purpose of impose duty of care between the floor cleaners and patrons who slip on the floor. Court also considered presence of duty of care, in case responsibility was voluntarily assumed by the defendant, or defendant has knowledge that plaintiff has reasonable dependence on the defendant. This can be understood through example, there are number of cases in which driver of the bus promised to deliver his passenger safely. Therefore, driver owns duty of care towards the plaintiff. Breach of duty: plaintiff must provide evidence for the purpose of showing that defendant does not act as per the reasonable standards of care. For example- in case person run
M1K316 - Applied Commercial Law_3

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