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Assignment Introduction To Business Law

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Added on  2020-05-16

Assignment Introduction To Business Law

   Added on 2020-05-16

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Running head: INTRODUCTION TO BUSINESS LAW1Law of TortAuthor Name(s)Institutional Affiliation(s)Author Note
Assignment Introduction To Business Law_1
INTRODUCTION TO BUSINESS LAW2AbstractThe tort of negligence is a branch of tort law that oversees peoples’ interaction with others regarding what duties they owe to one another. The law believes that people owe others responsibilities. For instance, a person may be liable for not doing what he ought to have done to protect others or their properties from dangers. The measure of each person's responsibility varies in terms of skills, profession, and relations. This paper would be focusing on the tort of misstatement. Misstatements are careless, wrong statements made by one party to the other in an honest manner. When the other party rely on such wrong statements and undergoes some damages, the party that made the wrong statements would be liable for the damages even though the other was honest. Keywords: Negligence, Misstatement, Frustration, Impossibility, Liability
Assignment Introduction To Business Law_2
INTRODUCTION TO BUSINESS LAW3Law of TortIn common law, one party can bring a claim against the other over what is called negligent misstatement. These are tort claims which arise if a party (claimant) brings a claim against the other (defendant) for providing wrong statements that caused damages when the claimant relied on them. This paper will be providing a more in-depth understanding by evaluating Ellen's case.1.Explain whether Ellen has a claim against the council about the advice she received.IssueEllen’s case is a matter of professional negligence on the people offering advice which led to Ellen’s closure of business, and what could be classified as psychiatric injury or the nervous shock in the law of torts.RulesA claim over negligent misstatement will succeed in court if it passes the general negligence test. The test requires the claimant to prove that all the case meets all the elements of negligence (Steele, 2017).(i)Element one: Duty of careThe settlement of this element requires the claimant to prove that the damages or loss claimed is reasonably foreseeable. It is more of a question whether the damages claimed are reasonably foreseeable in the defendant’s profession (Iacobucci & Trebilcock, 2016). Within this element, the issue of proximity must also come to question. The claimant must show the legal closeness or relationship between him and the defendant who could have led to the rise of a duty to care (Lunney, Nolan & Oliphant, 2017). The last question is finding whether it is fair and reasonable to impose that duty of care to the defendant given the available circumstances. It is a
Assignment Introduction To Business Law_3

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