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Introduction to the business law Assignment

   

Added on  2021-05-31

5 Pages1316 Words17 Views
BUSINESS LAWStudent Name[Pick the date]

Business Law Issue The issue in the present case is to find in which scenario Sam is accountable for the damagessuffered by the various plaintiffs. Law Existence of duty to care, breach of duty of care and the damages because of the breach of theduty of care are the three imperative factors in ascertaining the validity of tort of negligence inany given scenario. In order to ascertain the presence of duty of care, neighbour test would betaken into consideration (Crosling & Murphy, 2013). Once, it is confirmed that duty of care ispresent on behalf of the defendant then the next step is to ascertain whether the duty of care hasbeen breached by the defendant or not. If duty of care has been breached by the defendant, thenthe foreseeable damages incurred by the plaintiff are considered (Harvey, 2009).Duty of care The common practice to check the existence of duty of care on behalf of defendant for theplaintiff is neighbour test. As per this test, the neighbour is an entity that could suffer significantlosses because of the action or inaction of the action doer. The judgement of famous caseDonoghue v. Stevenson [1932] AC 562 at 580 is the evidence of this aspect. In this case, thecourt had announced that the duty of care of action doer (defendant) exists only when the act orprecaution of action doer can result substantial foreseeable losses to the plaintiff. Also, in regardsto determine the ambit of the foreseeable losses the court would take various aspects of the caseinto cognisance (Davenport & Parker, 2014).Breach of duty of care It is essential that defendant must undertake appropriate measures to discharge requisite duty ofcare in order to avert the foreseeable losses of plaintiff. Further, it is equally pivotal that actiondoer who owes duty of care for neighbour must also inform them regarding the expected risk andoutcomes related to the breach of duty of care. It is essential that level of care is dependent on theunderlying risk because the breach of duty of care by the defendant in certain cases can lead toloss of life of the neighbour or/and the substantial damages to the property as per the judgment ofVaughan v Menlove(1837) Ct CP case (Gibson & Fraser, 2014). This breach of duty would arise1

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