Solution to Business Law Examples

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

BUSINESS LAW
1
Solution to example 1
Issue
To determine whether the delivery driver would be held liable for hitting the
pedestrian who was crossing the road when the green signal was on and the driver was
passing by.
Law
In the landmark case of Donoghue v Stevenson [1932] AC 562, the essentials of
establishing the tort of negligence against a person or any organisation was laid down by the
court where it was stated that a) a person has a duty of care, b) the person has failed to carry
out his duty of care, c) such breach of duty must have caused certain injury or loss to
another, d) the action that caused the breach was foreseeable. A person who has a duty of
care towards another must adhere to it and any action that violates such duty of care results to
breach. If such breach causes some injury to another person, the tortfeasor shall be held
responsible for it and shall be made to pay damages.
The onus will be on the claimant to prove that the defendant had a duty to show a
certain standard of reasonable care towards him and that he has breached his duty of care. It
also needs to be established that such breach have caused certain injury or loss to the claimant
as otherwise the defendant could not be made to pay damages for such injury or loss.
However, certain defences are offered to the defendant in case he was not responsible for the
injury or loss, or that the incident of breach was beyond his capacity to restrain (Tilley,
2016).
Application

BUSINESS LAW
2
In this case, the delivery driver was passing by a road which had its green signal light
on and at the same time a pedestrian was crossing the road. The pedestrian got hit even
though the delivery driver had pushed the brake all of a sudden seeing the pedestrian crossing
the road, but the pedestrian still got hit. Even though the driver had a duty towards his fellow
vehicle drivers and pedestrians who was around at that point of time, yet it was unpredictable
and unforeseeable that a pedestrian would cross the road while the green light was on. In this
situation, it cannot be established that the delivery driver had a duty of care towards the
pedestrian and therefore there is np breach of duty of care as well. The incident was
unforeseeable and therefore cannot be enforced.
Conclusion
Therefore, delivery driver would not be held liable for hitting the pedestrian who was
crossing the road when the green signal was on. The pedestrian is to be considered guilty of
irresponsible behaviour for crossing the road while the green light was on.
Solution to example 2
Issue
To determine whether the delivery driver shall be held liable for hitting the vehicle
ahead of him.
Law
A person having certain duty of care or reasonable standard of care towards another
must adhere to it and should not avoid at any circumstances, especially not on the ground of
losing temper or being agitated. The position of a person or the particular circumstance
makes the person liable to bear a certain duty of care towards another and unable to perform
it would result in the breach of such duty. It should be established by the claimant that the