BUSINESS LAW AND ETHICS-1
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BUSINESS LAW
AND ETHICS-1
AND ETHICS-1
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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Case Study...................................................................................................................................3
Issue:............................................................................................................................................3
Rules:...........................................................................................................................................3
Application:.................................................................................................................................5
Conclusion:..................................................................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Case Study...................................................................................................................................3
Issue:............................................................................................................................................3
Rules:...........................................................................................................................................3
Application:.................................................................................................................................5
Conclusion:..................................................................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7
INTRODUCTION
Business Law and Ethics is important topic which explains about laws and regulations
which an entity has to follow with ethical terms and condition. These law and regulations is very
important in current scenario because in simple words it allow to take long term decision. There
are multiple branches of business law and all of those branches have different guidelines. In this
file, focus will be given on Tort of Negligence which simple states about offences that has been
occurred because of negligence. In terms of file, one of the case study will be solved which will
mainly focus towards detail description about tort law.
MAIN BODY
Case Study
The case is between Samantha and Extortionate Plc. Here, she went into the bank for the
purpose of raising fund as a loan amount. While returning back from bank it was found that she
tripped and fell down from stair and accident takes place because of carpet. In this accident she
broke her wrist and even she injured her hands as well. In addition, she found that there was
clause limiting that bank will not be liable for any one’s injury within the bank. But, Samantha’s
friend told her that similar problem has occurred before as well were number of people has made
claim against the company which she can clearly see within the company’s official website and
in social media as well.
Issue:
Looking at the scenario of the given case study, it is necessary to identify that who is
main defaulter in this case due to which Samantha has to suffer from injury. Also, whether
including some of the clause within the premises of bank can be helpful for those who has been
seeing similar form of accident again and again within the premises of bank (Bell, 2018). It is
one of those situation which is quite similar with Tort of Negligence and in order to solve the
case in detail. It is necessary to have a detail discussion about laws and regulations so that proper
solution can be obtained.
Rules:
Tort of Negligence is simply defined as law and regulations which speaks about the
necessary terms and condition which is to be followed but person fails to follow because of their
Business Law and Ethics is important topic which explains about laws and regulations
which an entity has to follow with ethical terms and condition. These law and regulations is very
important in current scenario because in simple words it allow to take long term decision. There
are multiple branches of business law and all of those branches have different guidelines. In this
file, focus will be given on Tort of Negligence which simple states about offences that has been
occurred because of negligence. In terms of file, one of the case study will be solved which will
mainly focus towards detail description about tort law.
MAIN BODY
Case Study
The case is between Samantha and Extortionate Plc. Here, she went into the bank for the
purpose of raising fund as a loan amount. While returning back from bank it was found that she
tripped and fell down from stair and accident takes place because of carpet. In this accident she
broke her wrist and even she injured her hands as well. In addition, she found that there was
clause limiting that bank will not be liable for any one’s injury within the bank. But, Samantha’s
friend told her that similar problem has occurred before as well were number of people has made
claim against the company which she can clearly see within the company’s official website and
in social media as well.
Issue:
Looking at the scenario of the given case study, it is necessary to identify that who is
main defaulter in this case due to which Samantha has to suffer from injury. Also, whether
including some of the clause within the premises of bank can be helpful for those who has been
seeing similar form of accident again and again within the premises of bank (Bell, 2018). It is
one of those situation which is quite similar with Tort of Negligence and in order to solve the
case in detail. It is necessary to have a detail discussion about laws and regulations so that proper
solution can be obtained.
Rules:
Tort of Negligence is simply defined as law and regulations which speaks about the
necessary terms and condition which is to be followed but person fails to follow because of their
carelessness and that creates problem for other people. The law of tort says that in any of the
condition people will fall under the category of defaulter if they have performed those work due
to which other has to suffer. Tort of Negligence falls under the category of Civil wrong where
person is needed to compensate plaintiff is he or she is able to prove about the default. It is
mandatory to understand that default will not be performed only in that particular situation where
there is a contract because it negligence can be shown in other situation as well. Donoghue v
Stevenson 1932 is one the landmark case which discusses that there is not required of contract to
fall under the condition of negligence.
There are four different elements within Tort of Negligence which is necessary to be
followed for the purpose of ensuring that there is a negligence. The four different elements are
Duty, breach, cause and harm. Talking about the first element i.e., Duty where is necessary to
identify about the roles and responsibility which person must comply with and what can be the
outcomes if they do not perform their part of work as per the requirement (Introduction to
Negligence, 2020). Secondly, it is necessary to prove that duty has been breached. In simple
words the work which has been assigned has been not performed as per the requirement of law
and terms. Then, there is cause which means that the duty which has been breached has created
negative impact on plaintiff and he or she has been harmed. Finally, harm says that plaintiff who
is willing to file the case must have suffered from the action taken by defaulter for the purpose of
suing.
The main purpose of commencement of this particular law is very simple i.e., to provide
justice to the one who has to suffer just because of the mistake performed by other party. But,
this concept is required to be understand in detail if justice is needed to be delivered. It is said
that there are mainly three types of compensation policies with tort of negligence. First one is
fully compensate, where it is necessary to understand that whenever any of the person performs
default and there was complete involvement of defaulter behind the mistaken then in that
respective condition, full compensation is required to be done. Then there is half compensation
policy where reason behind default is both the parties. It means that if default has been
performed then in that respective circumstances, defaulter will have to pay only half of amount
of total loss (Bryant and AA, 2016). Then, there is no compensation policy where plaintiff has
the right to file the case but in any of the condition they are not allowed by the court to claim for
condition people will fall under the category of defaulter if they have performed those work due
to which other has to suffer. Tort of Negligence falls under the category of Civil wrong where
person is needed to compensate plaintiff is he or she is able to prove about the default. It is
mandatory to understand that default will not be performed only in that particular situation where
there is a contract because it negligence can be shown in other situation as well. Donoghue v
Stevenson 1932 is one the landmark case which discusses that there is not required of contract to
fall under the condition of negligence.
There are four different elements within Tort of Negligence which is necessary to be
followed for the purpose of ensuring that there is a negligence. The four different elements are
Duty, breach, cause and harm. Talking about the first element i.e., Duty where is necessary to
identify about the roles and responsibility which person must comply with and what can be the
outcomes if they do not perform their part of work as per the requirement (Introduction to
Negligence, 2020). Secondly, it is necessary to prove that duty has been breached. In simple
words the work which has been assigned has been not performed as per the requirement of law
and terms. Then, there is cause which means that the duty which has been breached has created
negative impact on plaintiff and he or she has been harmed. Finally, harm says that plaintiff who
is willing to file the case must have suffered from the action taken by defaulter for the purpose of
suing.
The main purpose of commencement of this particular law is very simple i.e., to provide
justice to the one who has to suffer just because of the mistake performed by other party. But,
this concept is required to be understand in detail if justice is needed to be delivered. It is said
that there are mainly three types of compensation policies with tort of negligence. First one is
fully compensate, where it is necessary to understand that whenever any of the person performs
default and there was complete involvement of defaulter behind the mistaken then in that
respective condition, full compensation is required to be done. Then there is half compensation
policy where reason behind default is both the parties. It means that if default has been
performed then in that respective circumstances, defaulter will have to pay only half of amount
of total loss (Bryant and AA, 2016). Then, there is no compensation policy where plaintiff has
the right to file the case but in any of the condition they are not allowed by the court to claim for
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compensation behind they themselves are the main reason behind the default and which is main
cause of default.
Overall, Tort Law explains about duty of care where it is necessary that each and every
work should be performed in a systematic manner without performing any of the default and if it
is done then in that respective condition legal action can be taken against those people who was
involved within the default.
Application:
Looking at the case scenario and the tort of law it is necessary to identify about some of
the main cause within the case so that appropriate solution can be obtained. The given case study
says that the accident which has been taking place within the premises of bank can be seen often
where number of people have got injured. After analysing this they have included the clause that
all of the people must be aware that bank will not be liable for anyone’s injury but they are not
willing to place the carpet in appropriate manner. In the same manner, Samantha was also among
one of those person who has to suffer just because of the default performed by the bank. The
result was that she broke down her twist and number of expenses occurred unwantedly. There
was negligence from the side of bank which can be clearly seen because it was them whose duty
was to ensure that each and every customer who visits bank must be safe and better working
environment should be provided to them (Pandey, 2017). On the other side, they breached that
respective duty by not placing the carpet in appropriate manner even after knowing that carpet
has been creating issues for customer and many of them has to suffer as well. Third one is cause
which shows that the cause of accident of Samantha was carpet which has been place within the
bank. In addition, it has harmed her because her wrist has broken down because of the default of
bank and even she has to suffer from financial losses as well which is the most import thing in it.
Overall, all of the elements are satisfied which simply shows that there was a negligence from
the side of bank.
Conclusion:
After having a detail analysis on the case, it is quite easy to understand that law which
has been formed by the legislation should be followed. Inclusion of some of the laws and
policies will not be helpful because it directly or indirectly breaches the guidelines of law. In the
same manner the guidelines which has been included by bank was valid (Stoyanova, 2019). They
cause of default.
Overall, Tort Law explains about duty of care where it is necessary that each and every
work should be performed in a systematic manner without performing any of the default and if it
is done then in that respective condition legal action can be taken against those people who was
involved within the default.
Application:
Looking at the case scenario and the tort of law it is necessary to identify about some of
the main cause within the case so that appropriate solution can be obtained. The given case study
says that the accident which has been taking place within the premises of bank can be seen often
where number of people have got injured. After analysing this they have included the clause that
all of the people must be aware that bank will not be liable for anyone’s injury but they are not
willing to place the carpet in appropriate manner. In the same manner, Samantha was also among
one of those person who has to suffer just because of the default performed by the bank. The
result was that she broke down her twist and number of expenses occurred unwantedly. There
was negligence from the side of bank which can be clearly seen because it was them whose duty
was to ensure that each and every customer who visits bank must be safe and better working
environment should be provided to them (Pandey, 2017). On the other side, they breached that
respective duty by not placing the carpet in appropriate manner even after knowing that carpet
has been creating issues for customer and many of them has to suffer as well. Third one is cause
which shows that the cause of accident of Samantha was carpet which has been place within the
bank. In addition, it has harmed her because her wrist has broken down because of the default of
bank and even she has to suffer from financial losses as well which is the most import thing in it.
Overall, all of the elements are satisfied which simply shows that there was a negligence from
the side of bank.
Conclusion:
After having a detail analysis on the case, it is quite easy to understand that law which
has been formed by the legislation should be followed. Inclusion of some of the laws and
policies will not be helpful because it directly or indirectly breaches the guidelines of law. In the
same manner the guidelines which has been included by bank was valid (Stoyanova, 2019). They
must have placed carpet in appropriate manner in order to stop the accident which was taking
place on a regular basis. The overall mistake was performed by the side of bank and even all of
the four elements are satisfied in it which mean that bank is liable to compensate Samantha for
her injury. Also, she should pay all of the financial losses from which she has to suffer just
because of injury. Even bank must fix carpet in suitable manner because it has been not allowing
them to accomplish their goals on specific time period. Finally, inclusion of clause is not helpful
in each and every stage because there are some of the situation where including a clause is not an
appropriate solution to the problem.
CONCLUSION
From the light of above laws and regulation, it can be concluded that following laws and
regulations is necessary but it is equally important that ethical terms and condition must be
considered. Tort of Negligence generally arises because of the carelessness shown by the people
towards their assigned roles and responsibility. For proving that there is a negligence, it is
necessary that all of the four different elements must be satisfied. The file shows that including
some of the clause is not so enough to make themselves safe. It is necessary that laws and
regulations must be followed as per the guidelines.
place on a regular basis. The overall mistake was performed by the side of bank and even all of
the four elements are satisfied in it which mean that bank is liable to compensate Samantha for
her injury. Also, she should pay all of the financial losses from which she has to suffer just
because of injury. Even bank must fix carpet in suitable manner because it has been not allowing
them to accomplish their goals on specific time period. Finally, inclusion of clause is not helpful
in each and every stage because there are some of the situation where including a clause is not an
appropriate solution to the problem.
CONCLUSION
From the light of above laws and regulation, it can be concluded that following laws and
regulations is necessary but it is equally important that ethical terms and condition must be
considered. Tort of Negligence generally arises because of the carelessness shown by the people
towards their assigned roles and responsibility. For proving that there is a negligence, it is
necessary that all of the four different elements must be satisfied. The file shows that including
some of the clause is not so enough to make themselves safe. It is necessary that laws and
regulations must be followed as per the guidelines.
REFERENCES
Books & Journals
Bell, A. J., 2018. Damages for non-pecuniary loss in the tort of negligence: a
reconceptualisation (Doctoral dissertation, University of Birmingham).
Bryant, P. J. and AA, B., 2016. THE TORT OF NEGLIGENCE IN STEM LABORATORIES.
Pandey, R., 2017. Is the Commissioner immune from the tort of negligence?. Taxation in
Australia, 51(9), p.494.
Stoyanova, V., 2019. Common law tort of negligence as a tool for deconstructing positive
obligations under the European convention on human rights. The International Journal
of Human Rights, pp.1-24.
Online
Introduction to Negligence. 2020. [Online]. Available Through:
<https://lawshelf.com/coursewarecontentview/introduction-to-negligence/>
Books & Journals
Bell, A. J., 2018. Damages for non-pecuniary loss in the tort of negligence: a
reconceptualisation (Doctoral dissertation, University of Birmingham).
Bryant, P. J. and AA, B., 2016. THE TORT OF NEGLIGENCE IN STEM LABORATORIES.
Pandey, R., 2017. Is the Commissioner immune from the tort of negligence?. Taxation in
Australia, 51(9), p.494.
Stoyanova, V., 2019. Common law tort of negligence as a tool for deconstructing positive
obligations under the European convention on human rights. The International Journal
of Human Rights, pp.1-24.
Online
Introduction to Negligence. 2020. [Online]. Available Through:
<https://lawshelf.com/coursewarecontentview/introduction-to-negligence/>
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