Tort and the Duty of Care in Business Law

Business law
TABLE OF CONTENTS

INTRODUCTION.......................................................................................................................................3
MAIN BODY..............................................................................................................................................3
Tort and the Duty of Care........................................................................................................................3
Whether Extortionate PLC is liable for Samantha’s injury......................................................................4
Ethical Considerations bank owe the public............................................................................................5
Possible defence for Extortionate PLC....................................................................................................6
CONCLUSION...........................................................................................................................................6
REFERENCES............................................................................................................................................7

INTRODUCTION
There are different laws that are form to run a business smoothly and these laws are
generally referred to as Business Law(Beatty, Samuelson and Abril, 2018). These laws helps the
business to have a clear understanding about how to start a new business, the ways in which it
have to be managed and the way different products and services will be sold in market. There are
different sets of rules and regulations that are coming in these laws and it is mandatory for the
business to follow the same. Present report will include about the Tort and the duty of care.
Further report will analyze whether the extortionate PLC is liable for Samantha’s injury or not.
Report will also evaluate the ethical considerations that Bank owes the public. Finally, report
will analyze whether there is any possible defence for this Extortionate PLC.
MAIN BODY
Tort and the Duty of Care
Tort is an English law with respect to which an individual may owe a duty of care to
another so that they can ensure that the person will not face any sort of harm or loss. If any such
harm or injury occurs, a legal liability is generally imposed to the respective tortfeasor so that
victim can get the compensation for the loss they have endured(Deakin and Markesinis, 2019).
The Duty of care refers to the different circumstances that are recognized by the law that
is legal duty of an individual to take care. If there is any failure to take care of the individual may
result in payment of damages that they have done to the party who is been injured due to their
breach of duty of care. It is therefore very important for the claimant to make the things clear and
establish their respective point that the defendant owed them a duty of care(Mitchell and et.al.,
2017). This law generally is based on the type of loss that claimant have suffered and different
legal tests are been conducted for different types of losses. It may be personal injury or a
property damage etc. and the court usually determines what duties are exactly owed by the
defendant and is generally referred to as the standard of care. There are some of the factors that
determine whether a duty of care was there or some negligence actions were there and these
factors are as following:-
 Foreseeability of damage and harm to the party that is been injured.