Legal Position of Bob in a Negligence Claim

Business Law
Running head: Business Law Assignment 0
Student’s Name
Address

Business Law Assignment 1
Contents
Issue.................................................................................................................................................2
Rules................................................................................................................................................2
Application......................................................................................................................................3
Conclusion.......................................................................................................................................5
References........................................................................................................................................6

Business Law Assignment 2
Issue
In the given case, Bob who is a guitarist requested his neighbor Derek to drop him at concert site.
Derek who was drunk has become agree to do so. On the way, Derek met an accident with a road
side lorry and Bob and Derek got serious injury. Due to this Bob’s guitar was destroyed and he
also suffered from the loss of fee of his next three concerts. Now the issue is to evaluate the legal
position of Bob.
Rules
Literal meaning of Tort is “Civil Wrong” (study.com, 2018). There cannot be a defined law on
each and every aspect hence Tort Law being a general law provides justice in civil cases where
any specific law cannot be apply. It is provided under Tort law, that a reasonable person owns
duty of care towards others while performing any act which can cause harm to that other person.
In case of breach of duty of care, the party who does so, becomes liable to the victim (Oliphant
and Nola, 2017). Such breach of duty can be the result of negligence, nuisance or defamation.
Negligence is the most common factor due to which people breaches their duty of care.
To make a person liable under Tort Law, it is mandatory that all the required condition must be
comply. According to the modern law of negligence, to become succeed in a negligence claim,
claimant must prove the following:
1. There must be duty of care owned by defendant.
2. Such duty must be breached.