(Solution) Commercial Law - Assignment
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Added on 2021-06-15
(Solution) Commercial Law - Assignment
Added on 2021-06-15
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Running head: COMMERCIAL LAWCommercial LawName of the StudentName of the UniversityAuthor note
1COMMERCIAL LAWAnswer 1:As per the law of negligence, when a person is said to be obligated to carry out theduty of care towards another individual and is responsible for undertaking the reasonablemeasures to ignore the risks that are likely to occur from any kind of omission of theindividual and result in causing injury to the aggrieved individual. Therefore, the injurycaused to the injured party should be reasonably foreseeable and must have a direct result ofthe act committed by the party that had caused the injury. Thus, in order to be successful inbringing the negligence claims, the injured party should establish that there has been a breachof duty of care. Secondly, a relationship based on duty of care must exist between thedefendant and the plaintiff. Lastly, the damages caused must have sustained in resulting forthe breach of duty. The duty of care is related to the Wrongs Act 1958 that governs the law of negligenceand entails the legal principles of the duty of care. The situation here states that when anindividual owes a duty of care is deemed to carry out or execute the reasonable standard ofcare towards the plaintiff to such a level that any kind of act on part of the defendant is highlyprobable to cause injury to the defendant. The scenario that has been established in the caseof Donoghue v Stevenson [1932] A.C. 562, it was thereafter stated that the neighborprinciple was determined which stipulated where an individual can exercise the care for hisneighbor. Therefore, an individual who is precisely to get affected either directly by theactivities of the defendant is referred to as the neighbor. When an individual has to determine that he had breached a duty of care then theCourt needs to establish whether the defendant has proper and reasonable standard of carewhile conducting any kind of actions. Such a situation is known as the breach of duty of care.Thereafter, the Court will establish if the reasonable care executed is similar to the standard
2COMMERCIAL LAWof care that was carried out by any other person in such a situation. However, if the courtstates that the caused risk is due to the activities of the defendant then it is expected that thedefendant can carry out the extra methods for avoiding the incidence of the risks (Ferrara etal., 2016). Thus, under the specific and incomparable situation, the activities of the case arethe relevant evidence that the defendant have been negligent about while causing injury to theplaintiff. In this situation that will be applicable is the principle of res ipsa loquitor whichwill be implied on the facts of the case. In the third element, breach of duty of care caused damages results in a situationwhen the plaintiff must determine that the injuries caused to the plaintiff should be directoutcome of the breach of the duty of care that has occurred by the defendant. However, theplaintiff should thereafter determine the test of ‘but for’ where the plaintiff will not be able tosustain the damages or injuries caused. In case of the breach of duty of care when caused bythe defendant, the plaintiff suffered the injuries. Thereafter, the next concerned element is causation. It illustrates that the plaintiffneeds to determine the injuries that have been caused to the plaintiff, has a direct result of theactions on part of the defendant, and is therefore not a remote cause. Negligence is said tohave a factual causation of harm and the plaintiff should determine all the facts that havebeen attributed to the causation of the issue. This statement has been determined under thesection 51 of the Wrongs Act 1958. The plaintiff thereafter needs to determine the damagethat has been suffered unexpectedly and the plaintiff was not aware of it. Nonetheless, theplaintiff for the loss incurred cannot claim the damages that have resulted from the risk. Theinnate risk is not usually ignored in spite of executing a reasonable standard of care (Keeton,2017). While establishing the importance of injury, the Court will able to deem the extent ofthe harm caused to the injured person because of the injury that has resulted from the breach
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