Business Law For Business Assesment Report

Running head: BUSINESS LAW
BUSINESS LAW
Name of Student
Name of University
Author Note

BUSINESS LAW2
Question1
1. ABC Fine Porcelain Ltd would be required to sue DEF Transport Company DEF
Transport Company for nuisance and trespass as was observed in the case TMS
Lighting Ltd v KJS Transport [2014].
The plaintiffs can further claim for compensation for the loss in productivity in their
business because of the dust generated by the trucking operations of the defendants.
For establishing private nuisance the plaintiffs have to prove that there was reasonable
unauthorized interference with the rights of their private property as observed in the
judgement in Antrim Truck Centre Ltd. v. Ontario (Transportation) [2011].
2. Following the case study in Toneguzzo-Norvell (Guardian ad litem of) v. Burnaby
Hospital [1994] the defence that the defendant can put is that the sensitivity of ABC
towards dust is not reasonable enough for paving the parking lot by DEF.
3. As a judge I believe that although that the sensitivity of ABC towards dust is not
reasonable enough for paving the parking lot by DEF yet such failure can be
considered as enough contribution towards the damage that ABC have suffered.
Therefore I would grant the plaintiffs their claim for compensation.
Question2
Following the landmark verdict in Donoghue v Stevenson [1932] there are four
elements in negligence which a plaintiff is required to prove to establish a successful
negligence suit against the defendant. The first element to prove is that there was duty of
care existing which the defendant owed to the plaintiff. The second element is to prove that
the defendant had been in breach of their duty. The third element is to prove that the breach