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Duty of Care to Third Party Name of the student: English Tort Law 3 BUSINESS LAW 3 Duty of Care to Third Party Name of the University: Name of the Author note

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Malaysian Business Law (BTW1042)

   

Added on  2020-04-15

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In case of Hedley Byrne & Co Ltd v Heller & Partners Ltd , it was decided that if a person rely upon the acts of a professional and the professional is unable to perform his duties properly, he shall be liable for the breach of duty. In Customs & Excise Commissioners -v- Barclays Bank Plc, it has been observed by the court that if there is any assumption regarding the liability of one person to any third party, he will be held liable in case of breach of the

Duty of Care to Third Party Name of the student: English Tort Law 3 BUSINESS LAW 3 Duty of Care to Third Party Name of the University: Name of the Author note

   

Malaysian Business Law (BTW1042)

   Added on 2020-04-15

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Running head: BUSINESS LAWDuty to Third partyName of the student:Name of the university:Author note
Duty of Care to Third Party Name of the student: English Tort Law 3 BUSINESS LAW 3 Duty of Care to Third Party Name of the University: Name of the Author note_1
1BUSINESS LAWDuty of care is an essential thing in case of any business or profession. Itparticularly attracts the provision of the Tort Law and it requires everyone to act in a mannerso that the interest of others should not be harmed. According to the provision of the EnglishTort Law, everyone has a duty to take care of others and if this duty has been breached, thewrongdoer has to face punishment. The principle of duty of care was established in the caseof Donoghue v Stevenson (1932) AC 562. Duty of care can be breached if the act of a personharm the other party either physically, mentally or economically. Duty of care is the firstessential of negligence. However, the harm should be foreseeable in nature and justified asstated in Caparo Industries plc v Dickman [1990] UKHL 2. Professional negligence is a part of the English law of Tort. It has been statedthat every professional should have to act as a prudent person. They owe certain duties to thecustomers and to the third parties. However, in case of the professional negligence, provisionof the Tort law and Contract law will apply in parallel ways. Every professional should meetthe standard of care to others and should act in accordance with the terms and conditions ofthe contract. In case of Hedley Byrne & Co Ltd v Heller & Partners Ltd1, it was decidedthat if a person rely on the acts of a professional and the professional is unable to perform hisduties properly, he shall be liable for the breach of duty. However, it has been observed incase of Henderson v Merrett Syndicates Ltd2that in case of concurrent liability, thecompensation will be given for the actual loss and not for other co-related losses. In Customs & Excise Commissioners -v- Barclays Bank Plc3, it has beenobserved by the court that if there is any assumption regarding the liability of one person toany third party, he will be held liable in case of breach of the duty. In that case, threeessentials of responsibility have to be established such as foreseeability, proximity and1 (1964) AC 4652 [1995] 2 AC 1453 [2006] UK HL28
Duty of Care to Third Party Name of the student: English Tort Law 3 BUSINESS LAW 3 Duty of Care to Third Party Name of the University: Name of the Author note_2

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