Business Law

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

1
BUSINESS LAW
Example 1
Issue
The issue in the given example is that the delivery truck driver had to suddenly brake
for a pedestrian yet could not avoid hitting him, for he was walking when the green light was
on and the truck driver had his right of way at that point of time. It is to determine whether
the pedestrian will be able to prove his claim of negligence against the truck driver for hitting
him.
Law
A case of negligence depends on certain requisites which establish the fact that
whether the claim made by the claimant is just and reasonable as held in the Donoghue v
Stevenson [1932] AC 562. The requisites are:
1. Duty of care
2. Breach of such duty
3. Causation
4. Foreseeability
The claimant must prove that the defendant or the tortfeasor had a duty of care
towards him and such duty of care has not been carried out, hence there is a breach of such
duty. It is then needs to be proved that the breach of such duty of care that has caused certain
harm, injury or loss to the claimant. The injury or loss caused to the claimant must be the
direct result of the breach of duty of the defendant; any other cause of such injury shall not be
accepted in order to maintain the claim for negligence (Zipursky, 2014). In addition, the
foreseeability of the incident that led to the breach of contract is also tested in order to
establish that it was barely possible to foresee that such an incident could bring an injury or
loss to the claimant. However, the defendant always has certain defences that could save him
from the allegation of negligence brought in by the claimant.

2
BUSINESS LAW
Application
In the given case, pedestrian could bring in charges of negligence against the delivery
truck driver by alleging that he did not carry out his duty of care towards a pedestrian who
was crossing the road while the driver was passing by the road. The pedestrian being the
claimant needs to prove that the driver had a duty of care towards him which he has breached
by hitting the pedestrian. He could also allege that the injuries sustained by him is the cause
of the breach of duty to drive carefully by the truck driver. However, the truck driver could
establish the fact that the pedestrian was crossing the road while the green light was on and
therefore it was not foreseeable that he could hit him at that point of time.
Conclusion
Therefore, the pedestrian will not be able to prove his claim of negligence against the
truck driver for hitting him.
Example 2
Issue
In the given case, the issue is to determine whether the delivery driver would be held
liable for hitting the vehicle in front of him in agitation when that vehicle was not moving
ahead after the green light came up.
Law
The basic rule of negligence states that everyone must take certain reasonable care
towards one another in order to avoid injury. Reasonable care varies from time to time and
place to place, along with the varying relationship between people, thereby making a conduct
wrong and negligent for one but right and non-negligent for another. It is the duty of a person
to provide reasonable care to another in case the other person is in such a position that he
requires or deserves certain level of care from such person, for he bears a duty of care and
responsibility towards him. For example: a driver driving a car has a duty of care towards the