Business law - Sample Assignment PDF
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Added on 2021-05-30
Business law - Sample Assignment PDF
Added on 2021-05-30
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Running Head: BUSINESS LAWBUSINESS LAWName of the Student:Name of the University:Author Note
1BUSINESS LAWAnswer 1Scenario AIssueThe issue and the given situation is that weather Maria can sue Amelia for the negligentmisstatement made by herLawThe provisions of negligence have been brought into the Australian legal system through thelandmark case of Grant v Australian Knitting Mills 1933 HCA 35. In this case the elements ofnegligence established through the case of Donoghue v Stevenson 1932 has been used.Negligence as a branch of law which is applied in order to provide remedies to those whoserights have been breached by actions of others.In both these cases it was affirmed by the courtsthat there are three primary elements required to establish negligence. These elements have to beidentified by applying various test developed by common law.Duty of careIn case of a pure economic loss a person do not have any obligation to protect the other part.However as provided by the provisions of Anns v Merton London Borough Council [1978] AC728 where there has been a negligent misstatement made by a person relying upon which theother party indulged into an act or omission and subsequently was subjected to losses the personwho has suffered economic loss is entitled to make a claim under the tort of negligence againstsuch person who has made him incur the loss.Duty contravened
2BUSINESS LAWThe contravention or compliance with the duty with respect to a professional is to be verified bypositioning another professional in the same field in the shoes of the person who has beenalleged of making such contravention and comparing the standard of care taken by them. Theseprinciples had been provided by the case of Junior Books Ltd v Veitchi [1982] 3 WLR 477. Injury causedOne of the primary parts which need to be established for proving negligence is that onlybecause of the negligence action of a person the other person has been subjected to injury. The“but for” approach has been applied on various operations by the courts to find an answer to thequestion. The approach had been introduced by the case of Barnett v Chelsea & KensingtonHospital [1969] 1 QB 428. According to the approach the causation element is established if“injury would not occur but for the breach”.ApplicationMaria has just completed graduation in cookery and evidently she does not have muchknowledge about financial matters. As she operates a business related to cookery she hasapproached Amelia for financial guidance. Amelia is a financial expert. According to the Anns vMerton London Borough Council case where Amelia provides advice to Maria she automaticallyowes duty of care to her because of reasonable foreseeability of harm. Further she has providedher advice based on Fortune cards and had not taken into consideration relevant factors necessaryto determine her financial status. Any reasonable financial advisor would restrain from observingsuch low standard of care while providing financial advice. Therefore she has committed breachof her duty. In addition injury to Maria would not occur but for the breach of Amelia. Thus thetort of negligence stands established and Maria in claim against Amelia.
3BUSINESS LAWConclusionThus Amelia has to pay for the loss which has been faced by Maria.Scenario BIssue Whether Nathaniel can claim compensation his broken limbs? If yes then whether from DanBrownie or from Julia Rule In the same way as was in the previous case the provisions of negligence would also have to beapplied to determine the scope of liability for Brownie and Julia as the right of Nathaniel havebeen breached.In the given situation the kind of injury which has been faced by plaintiff is a physical injury andlikewise the provision for determining duty of care in case of a physical injury has to be applied.One of such provisions have been laid down through Caparo Industries pIc v Dickman [1990] 2AC 605. According to the case where there is close proximity between the parties there is a dutyof care present between them. In the case of Vaughan v Menlove (1837) 3 Bing N.C. 467 the approach of a reasonable personhad been applied by the court. The reasonable person approach helps the court to analyze thesecond element of negligence which is breaching of the duty. The standard of care of thedefendant must be same as that of a prudent person in the shoes of the defendant to avoidbreaching the duty.
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