Business Law and Etic

Key words for search:,,negligence case,,. Be able to explain if Samanta have a case or not,research to support arguments, inform decision fir case,give definitions,analisis advise,academic critic.

BUSINESS LAW AND
ETHIC

INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Case scenario...............................................................................................................................3
What is tort and duty of care........................................................................................................4
Under doctrine of tort considered whether Extortion PLC is liable for Samantha’s injury........4
What are the ethical considerations if any does bank owe to public...........................................5
Are there any possible defense for Extortionate PLC.................................................................5
CONCLUSION................................................................................................................................6
REFRENCS.....................................................................................................................................7

INTRODUCTION
Business laws are those types of laws that are used for establishing of an organization
within a country. In these certain rules and regulations has been give which are going to be used
by organization to set them up. Types Ethics are that code of conduct which helps in maintaining
of order and balance in professional or workplace. Both this has an very wider scope in terms of
laws and work to be done within an organization. Also nature is dynamic because it affects
professionals of work place. In this file things is going to be based upon law of tort. A case study
has been given and certain question are required to be answered.
MAIN BODY
Case scenario
In this case Samantha went to her local bank two weeks ago. Bank name is Extortionate
PLC for inquiring of loan which she needed for new business start-up. As Samantha was leaving
the bank she tripped and fell down the stairs where a carpet has come significantly at the sides.
In order to protect herself she putted her hand in front of it. This resulted into injuries on her
hand and nails got exposed to bottom of stairs. Extortionate PLC had an clause limiting any
liability against personal injuries and damages. After seeing this her friend messaged few days
later to Samantha. She told that she was not the only one fallen from stairs and that many had
fallen. Also she sent her a link where lots of client are calming for injuries (Huang, Ran and Liu,
2019).
What is tort and duty of care
Tort law is the area of the law that covers most civil suits. Generally, every claim that arises in
civil court, with the exception of contractual disputes, falls under tort law. The concept of this
area of law is to redress a wrong done to a person and provide relief from the wrongful acts of
others, usually by awarding monetary damages as compensation. The original intent of tort is to
provide full compensation for proved harms. Lawsuits involving contracts fall under contract
law. Tort law can be split into three categories: negligent torts, intentional torts, and strict
liability torts. Negligent torts encompass harm done to people generally through the failure of

another to exercise a certain level of care, usually defined as a reasonable standard of care.
Accidents are a standard example of negligent torts. Intentional torts, on the other hand, refer to
harms done to people intentionally by the willful misconduct of another, such as assault, fraud,
and theft. Duty of care refers to the circumstances and relationships which the law recognises as
giving rise to a legal duty to take care. A failure to take such care can result in the defendant
being liable to pay damages to a party who is injured or suffers loss as a result of their breach
of duty of care. Therefore it is necessary for the claimant to establish that the defendant owed
them a duty of care. The existence of a duty of care depends on the type of loss and different
legal tests apply to different losses. This lecture considers the position in relation to personal
injury and property damage. See the other lectures for psychiatric injury, pure economic loss and
defective items. To justify duty of care an case has been explained as follow:
Topp v London Country Bus in this case the defendant was a mini-bus driver in a lay-by
overnight. It was unlocked and the keys left in the ignition. It was unlocked and the keys left the
ignition. The driver was expected to pick the bus but he did not turn up for shift. Thieves stole
the bus an drove it away. Unfortunately bus knocked a women off her bicycle and killed her.
Husband of the women brought an action for damages. In this case it was held by the court that
bus company did not own a duty of care for the act of third party. As it w snot to be predicted
that thieves are going to stole bus and run a women off her bicycle.
Under doctrine of tort considered whether Extortion PLC is liable for Samantha’s injury
As it can be observed from the facts of the case that Extortion PLC has done negligence
on their part because they did not get the carpet repaired. So, in this case breach of duty to take
care has been done. In order to justify a case has been explained that is Donoghue v Stevenson
the facts of the case are Mrs. Donoghue went to a cafe with a friend. The ordered her a bottle of
ginger beer and an ice cream. The ginger beer came in an opaque bottle so that the contents
could not be seen. Mrs. Donoghue poured half the contents of the bottle over her ice cream and a
drank some from the bottle. After eating part of the ice cream, she then poured the remaining
contents of the bottle over the ice cream and a decomposed snail emerged from the bottle. Mrs
Donoghue suffered personal injury as a result. In this case it was held by the court that she can
successfully claim. Also this case has established modern law of negligence. This case is related

to above scenario in a manner that Samantha wants a claim and negligence has been done on part
of bank (Ho and Chan, 2017).
What are the ethical considerations if any does bank owe to public
Ethical consideration is that type of consideration that type of consideration which is
connected with the ethical code of conducts that is required to be followed by the employer
working in an organization. This includes refraining of action, approving of conduct. Also
denying something that is violating discipline. Two major considerations is there and that is
Informed consent means that the person participating in the evaluation is fully informed about
the evaluation being conducted. Participants need to be made aware of the purpose of the project,
who or what group is funding it, how the findings will be used, if there are any potential adverse
impacts of their participation and who will have access to the findings. The main purpose of
informed consent is that the participant is able to make an informed decision as to whether they
will participate in the evaluation or not. Additional information should also be provided in the
event that the participant becomes distressed in any way during their participation. Voluntary
participation means that people participate in the evaluation free from coercion. Participants are
free to withdraw their participation at any time without negatively impacting on their
involvement in future services or the current program2 and relationships with any of the
researchers or research bodies involved. It can be challenging to encourage high risk youth to
become engaged in a program and it is therefore difficult when participants choose not to
continue in a program. It is the right of participants to leave a program of this nature at any time,
therefore no pressure should be placed on those who choose not to continue( Ali and Suleman ,
2017).
Are there any possible defense for Extortionate PLC
Contributory Negligence one of the most commonly used defenses to negligence claims is to
show contributory negligence on the part of the plaintiff. Contributory negligence occurs when a
plaintiff's conduct falls below a certain standard necessary for the plaintiff's protection, and this
conduct cooperates with the defendant's negligence in causing harm to the plaintiff. In simple
words this means the plaintiff most likely would have avoided injuries had he or she not also
been negligent. This can be used by Extortionate PLC as an defense and can prove that
Samantha would have taken certain precaution to avoid personal injury (Alberts, 2017).

CONCLUSION
From the above file it can be concluded that business laws are very important to establish
an organization with the legal framework of a country. Then further in this file Law of trot has
been discussed. Negligence has been explained and duty of care has been explained. Also it
cases has been explained to justify opinion over the answer given of the question relating to case
study.

REFRENCS
Alberts, W., 2017. Reconstruction, critical accommodation or business as usual? Challenges of
criticisms of the World Religions Paradigm to the design of teaching programmes in the study of
religions. Method & Theory in the Study of Religion. 29(4-5). pp.443-458.
Ali, N. and Suleman, R., 2017. (Im) Mobilities of Older Pakistani Female Migrants and Material
Culture: a Multigenerational Perspective on Gift‐Giving. Population, Space and Place. 23(5).
p.e2067.
Ho, S. M. and Chan, H. C. O., 2017. A combined etic-emic approach to psycho-
criminology. Psycho-Criminological Perspective of Criminal Justice in Asia: Research and
Practices in Hong Kong, Singapore, and Beyond. p.287.
Huang, J. L., Ran, S. and Liu, M., 2019. Vocational interests in a global business
enVironMent. Vocational Interests in the Workplace: Rethinking Behavior at Work. p.224.
Olusegun, O.O. and Olubiyi, I.A., 2017. Implications of genetically modified crops and
intellectual property rights on agriculture in developing countries. Journal of African Law. 61(2).
pp.253-271.
Rota, A., 2016. Religion as Social Reality: A Take on the Emic–Etic Debate in Light of John
Searle’s Philosophy of Society. Method & Theory in the Study of Religion. 28(4-5). pp.421-444.