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Business and Corporations Law | Assignment

6 Pages1369 Words115 Views
   

Cornell University

   

Business and Corporate Law (LAW 6000)

   

Added on  2020-03-07

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The assignment is solved on behalf of Issues, Law applications, and conclusion (ILAC), and it also demonstrates your ability to engage in legal research, identify the legal issues arising out of the novel factual situation to analyze the applicable law, and differentiate between which rules are applicable and which are not and then apply the law to the problem.

Business and Corporations Law | Assignment

   

Cornell University

   

Business and Corporate Law (LAW 6000)

   Added on 2020-03-07

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Running head: BUSINESS AND CORPORATIONS LAWBusiness and Corporations LawName of the StudentName of the UniversityAuthor’s Note
Business and Corporations Law | Assignment_1
1BUSINESS AND CORPORATIONS LAWIssues:As per the facts of the case there are several issues that have arisen. Such issues area as follows:Whether MacTools Ltd is liable for the accident and the injury received by Aurora.Whether Aurora is entitled to receive compensation for the said damage.Whether MacTools Ltd is liable for negligence.Whether Jessie can bring claim against MacTools Ltd with regards to the damage shereceived.Legal Rules:As per the facts of the case the case is of Negligence. MacTools Ltd was negligent in itsact and shall be liable under law of torts and Civil Liability Act of 2002. To prove that thecompany was liable for the act of negligence then the Plaintiff must fulfill the following essentialelements of negligence (Martin, 2016).When one party acts in a careless manner and causes harm or injury to other, such personis said to have acted negligently. The doctrine of negligence is that principle of tort where aperson who has acted carelessly which a prudent person would have not done in suchcircumstances is legally liable for the harm, injury or damage made to the other person. In thecase of negligence the parties to the dispute may settle the dispute within them or may enter intolitigation through filing a personal injury suit. Therefore, it can be said that a negligence is an actwhere a person has failed to take due or reasonable care which any other ordinary man wouldhave taken in the such circumstance and causes harm or injury and is liable to pay damages(Higginson, 2015). Thus, to determine whether the person has acted negligently and the damage
Business and Corporations Law | Assignment_2
2BUSINESS AND CORPORATIONS LAWreceived by the other person for the negligently act, the essential elements of negligence must befulfilled. The elements of negligence are as follows:Duty of care: The plaintiff who has charged the defendant for the act of negligence mustprove that the defendant has the responsibility of reasonable care and the reasonable caremust be towards the plaintiff. The defendant should have an obligation towards theplaintiff and acted with reasonable care. The plaintiff also needs to fulfill that as thedefendant has failed to take due care towards the plaintiff which a reasonable man wouldhave taken in such situation. In the case of Donoghue v Stevenson1, the court hasestablished the legal principle as to the case of negligence in determining whether thedefendant owed duty of care towards the defendant. In test for the determination of theduty of care, the court must determine that the harm received by the plaintiff for the act ofthe defendant is reasonably foreseeable; there plaintiff and the defendant must be in arelationship of proximity (Stickley, 2016). In Australia Grant v Australian Knitting Millsis the landmark judgment on the development of the negligence law in Australia. In thegiven case, MacTools owes a duty of care towards Mulan who has bought the powerdrill, if the company would have taken reasonable care in making Mulan known to thefacts that while working with the power drill Mulan should use a goggles (Cane &Atiyah, 2013). Breach of duty: Next, the court will hope to see whether the respondent broke thisobligation by doing (or not accomplishing something) that a "sensibly judiciousindividual" would do under comparable conditions. The expression "sensibly reasonableindividual" alludes to a lawful standard that speaks to how the normal individual woulddependably act in a specific circumstance.
Business and Corporations Law | Assignment_3

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