Tort Law and Duty of Care in Samantha's Injury Case

This case study discusses the implications of tort law and the duty of care in Samantha's injury case against Extortionate PLC. It explores the doctrine of tort, ethical considerations, and possible defenses for the bank.

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Contents
INTRODUCTION...........................................................................................................................3
CASE STUDY.................................................................................................................................3
Case Overview.............................................................................................................................3
Tort and the Duty of Care............................................................................................................3
Doctrine of tort whether Extortionate PLC is liable for Samantha’s injury................................4
Ethical considerations..................................................................................................................4
Possible defence for Extortionate PLC........................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................6

INTRODUCTION
The tort of negligence has been the legal wrong summed as the individual level of failure to
have the reasonably exercise the logical or caring level of actions. More to be explained as there
some have been suffered at other hands who have the failure n providing the reasonable care as
foreseeable risk (Deakin and Markesinis, 2019). There have been there form the point of view of
practical and financials manner to ensure their full account of the potential liabilities and
responsibilities. In this report there will be clear discussion on the case of Samantha and local
bank Extortionate PLC regarding the stair case injury case.
CASE STUDY
Case Overview
The case is regarding the implication of tort law and the duty of care in which two important
parties have been involved that’s in the Samantha and the existing level of local bank that’s is
Extortionate PLC. The case in such as last 2 weeks before Samantha went to the local bank for
the inquiring the loan where at the leaving the counter, she have been ripped and fallen form the
stir which have subsequently resulted in the brokering of wrist , hand and exposed nails. On the
other hand, the bank have clear implement with the exclusion clause limiting any liability against
personal injuries and damages to all customers using their facilities in clearly displayed in the
hall. In addition to the injured party have the information as many of customer like her have
fallen form the stair who have claiming for same compensation.
Tort and the Duty of Care
Tort law have been the body of law which have the provided the enabling of the people in order
to seek proper level of compensation for the wrong committed against the individuals. This can
be regarded as the action who have been cause as some type of harm which can be physical harm
to another or the harm to someone property of reputation (Polelle, Ottley and Lasso., 2019).
Under this law the harm or the injured person have the right to the seek the damages through the
courts. There have the four element of the tort which are followed as the presence of duty, the
breach of duty, the occurrence of injury and the breaches of duty which caused injury.
The law has the clear level of aim in order to provide the protection to individuals f from any
type of threat. However all the level of interest cannot be protected and some benefits from the
better protection which have resulted the importance of interest reflected by the respective
society.
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Duty of care
Under the tort law, the duty of care has been defined as there responsibility of the person who
would have act of the similar situations. On the other hand, the personal will have the violating
the duty of care by having the action in neglecting and careless manner. This will be liable for
there any level of harm to another person which have the suffering form the report of behaviour.
In addition to that’s the breach of duty of care can have the occurrence in the situation when one
fails to have the fulfilling of respective duty at reasonably in the some aspect.
Doctrine of tort whether Extortionate PLC is liable for Samantha’s injury.
As per the doctrine of tort which have the stated as there is limited level of exception to the
respective general rules which have allowing each party to have legislation to pay their own level
of attorney fees. This have the allowing of plaintiff as in this Samantha have the to the collection
of her attorney from the defendant (Wright, 2017). On the other hand, the situation have the
forces engaging there counsel to procedure the action against the third party due to the tort of
defendant as the doctrine don’t have the permission for the recovery where non tortious conduct
have been placed by the opposing party.
Hence in the case of the Samantha and bank, the Samantha have the right to demand for the
compensation for the broken wrist as the company have the sever level of complain regarding the
issues of stair case. The company official website is suffering many level of same cases of
Samantha which have the clear meaning that the firm is facing the severe issue in the property
which is needed to be fixed in perfect manner as soon as possible. This have been extended as
the act of negligence and duty of care which refers to have the responsibility of the person who
would have act of the similar situations.
The plaintiff is the regraded to have the managers to the restoring of positions. The damages will
be paid as the compensation of loss or physical injury that’s is form of the compensatory and
punitive damages. However all the level of interest cannot be protected and some benefits from
the better protection which have resulted the importance of interest reflected by the respective
society.
Ethical considerations
The ethical banking has the movement which have the inclusion of the practices which ae such
as the ethical investments, impact of the investments, the social reasonability mannered, the
managing of the corporate responsivity in perfect manner (Goldberg, Sebok and Zipursky,
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2016). On the other hand, the internal ethics of banks are more level being the part of concern
regarding welfare of the employees, employee and customer satisfaction, benefits, wages,
unionization, fair sex and race representation, and the banks environmental standing. The
company should have the corporation in the community development which have the providence
of affordable banking and credit services to the people in inclusion of credit unions and venture
capitals to have the shrine of theory corporate goals.
The community and all level of stakeholders are interested to have the find out o the bank which
have he policies which are acknowledging to be the part of value-based institutions by paying
proper level of implementation of major concern on the human right and avoiding act related at
of negligence.
There is important to have the proper understanding of their ethical banks where are less
concern regarding making the large amount of profits by offering the similar level of products
and service as comparative to ordinary bank. Th bank should have the pricing the policy
transparency in order to be honest to the customer in all aspect of business. there is another level
of customer seeking to have the solution which is building the society in order to have the
granting their greater level of financial stability in order to have preservice in the financial
suture. On the other hand, it considered to be difficult for boycotting the ethical grounds with the
clear convinces for the customer (Chamallas, 2019). The bank hourly be in the company should
have the corporation in the community development which have the providence of affordable
banking and credit services in social reasonability mannered, the managing of the corporate
responsivity in perfect manner.
Possible defence for Extortionate PLC
As in the case it have been clear stated that’s the plantiff have the caused the injury in the writs
dur to the mistake in the stair which have been previous order to complain in the for official sites
as part of company. But the part of negligence is also there by the side of the plaintiff as the
bank have already the placed the exclusion clause limiting any liability against personal injuries
and damages to all customers using their facilities clearly displayed in their business hall.
The bank can provide the private defence as the infidel right the to have the protection of their
property form the unlawful harm through the reasonable sources. This will be helpful in
prevention form there incident danger by any use of forces from the defendants.
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There is the essential to have the claim right in defences as the force is need but the defend
should be considered as propositional for the apparent urgency to situation. In addition to the
threat so need to be urgent.
The next excuse can be the inevitable accident which tends not to be avoided by the both parties
and the degree of crew, auction and skill (Arlen, 2017). The occurrence of the plaintiff to falling
form the stiar and brokering of wrist is not foreseeable and could be more level as avoided
having all care and attention form the liabilities.
CONCLUSION
From the above file it can be concluded as tort of negligence has been the legal wrong summed
as the individual level of failure to have the reasonably exercise the logical or caring level of
actions. The case is about the Samantha and the existing level of local bank that’s is Extortionate
PLC. There will be violating the duty of care by having the action in neglecting and careless
manner. as situation have the forces engaging their counsel to procedure the action against the
third party due to the tort of defendant as the doctrine don’t have the permission.
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REFERENCES
Books and Journals
Online
Deakin, S. and Markesinis, B., 2019. Markesinis and Deakin's tort law. Oxford University Press,
USA.
Polelle, M.J., Ottley, B.L. and Lasso, R.A., 2019. Illinois Tort Law. LexisNexis.
Wright, J., 2017. Tort law and human rights. Bloomsbury Publishing.
Goldberg, J.C., Sebok, A.J. and Zipursky, B.C., 2016. Tort Law: Responsibilities and Redress.
Aspen Publishers.
Chamallas, M., 2019. Feminist legal theory and tort law. In Research Handbook on Feminist
Jurisprudence. Edward Elgar Publishing.
Arlen, J., 2017. Economics of Tort Law. The Oxford Handbook of Law and Economics, 2, p.41.
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