Case Study on Business Law Negligence
Added on - 21 Apr 2020
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NEGLIGENCE2Part 1IssueWhether Ben can make an action of negligence against the supermarket, or not?RuleNegligence can be best defined as a contravention of an owed duty of care, particularlydue to presence of foreseeability of loss/ harm. Where person caries on such a work, where thereare chances of his work harming the other party, such person owes a duty of care to the otherparty, by carrying on the work in a manner, where such other party is not harmed (Martin&Lancer, 2013). ThroughDonoghue v Stevenson UKHL 100, it was established that a dutyof care is owed to the consumers by the manufacturers, as the acts of manufacturers can injurethe consumer, owing to proximity between them and reasonable foreseeability of losses.In casethe same takes place, the aggrieved party can apply for damages, for the harm or loss sustainedby them. These can be for physical, psychological or economic losses (Lunney&Oliphant,2013).Often in the cases of negligence, a defence of contributory negligence is cited, where theparty is deemed to contribute towards the injuries sustained by them. When a case ofcontributory negligence is present, the aggrieved party gets a reduction in their awarded damages(Latimer, 2012).Raad v KTP Holdings Pty Ltd as Trustee for VM and KTP Nguyen Family Trust NSW 2016 888 was a case where the damages were brought down by 10% owing to theplaintiff running on wet tiles (Devitt, 2016).