200909 Enterprise Law | Tort Law - Chapter Of Negligence Assignment

Added on -2020-02-18

| 200909| 4 pages| 916 words| 39 views

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Running head: BUSINESS AND LAWNegligent misstatementName of the student:Name of the university:Author note
1BUSINESS AND LAWIntroduction:The present case is based on the chapter of negligence that is a part of the Tort law.The term negligence means a careless action that becomes harmful to others. The primaryobjective of the negligence is that a person should act diligently to avoid any accidentwhere the outcome shall be detrimental in nature. It is the duty of a prudent man to actdiligently and cautiously to avoid any harmful effect regarding any specific act. If there isa laxity regarding the same cropped up, the person can be held liable under the law ofnegligence. Negligence:There are certain essential elements present for committing a valid negligence. Thefirst essentials are Duty of care. The principle of duty of care is, for the first timeestablished in a historic case of Donoghue v Stevenson [1932], where the court waspleased to held the manufacturer of the Ginger bottle liable, where the decomposed bodyof a snail had found, for non-performance of duty of care. The negligence law ofAustralia was established with the case law of Grant v Australian Knitting Mills (1936).The second essential found when there is any breach regarding the duty occurred. Thecase of Donoghue v Stevenson is a historic case in the negligence arena and the chapterof negligence has been reviewed and renewed by this case. The general rule is that whena person speaks anything, he is bound by law to perform the duty and if he has failed todo so, the necessary provisions of law will apply on them. The third essentials of the negligence are the harmful effect of such breach of duty bythe person. It is a fact that every person has certain rights to secure their own interest. If

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