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COMMERCIAL LAW INTRODUCTION 1 PART A1 PART B3

   

Added on  2020-06-04

10 Pages3265 Words78 Views
Law
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COMMERCIAL LAW
COMMERCIAL LAW INTRODUCTION 1 PART A1 PART B3_1

Table of ContentsINTRODUCTION...........................................................................................................................1PART A...........................................................................................................................................1PART B............................................................................................................................................31..............................................................................................................................................32..............................................................................................................................................33..............................................................................................................................................44..............................................................................................................................................5CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
COMMERCIAL LAW INTRODUCTION 1 PART A1 PART B3_2

INTRODUCTIONCommercial law of Australia make rules and regulations for all the commercialtransactions including contract, agency, insurance, banking, finance, agency, export and importand many others. It is a system that applies rights and duties on all the activities in the field ofcommerce including merchandising, trading, sales & distribution and others. The currentresearch key thrust is to apply principles of commercial law on the different case scenarios totake legal actions with the proper legal evidences. Moreover, the research will investigate thecommon law duty of negligence and the possible defences under it. In addition to this, AustralianConsumer Law (ACL), part 3-5 will be discussed to identify possible rights available to differentparties. Besides this, possible defences available to the goods manufacturer under section 142 ofthe ACL will be discussed. PART ANegligence can be defined as a failure to take reasonable duty of care towards other andits breach or violation caused damage to other. Thus, if a party who is liable to take proper caretowards other but failed to exercise the expected care is known as negligence (Ben-Shahar andPorat, 2016). According to the case, P is a lifelong fan of ABC Football Club, when he waswatching the game, suddenly, he was struck by a stray ball had broken P’s glasses. The law ofnegligence applies on sporting events or contest because many-times, during game, injuries maybe suffered by different people. As per the law, there are three most important requirements thatneed to be satisfied to proven negligence act by other that is mentioned below:Duty of care: Defendant must owe standard duty of care towards the plaintiff and as perwhich, he or she is liable to take reasonable care to avoid any harm or injury.Breach of duty: In order to claim for negligence, it is necessary that defendant failed toexercise reasonable actions to not harm the plaintiff. Thus, violation of the duty of care isnecessary (Davis, 2012). Damage: Breach or duty of care towards plaintiff must cause damage. In a sporting event, all the players owe duty of care towards other competitors andspectators too hence, they are accountable to follow reasonable care and precautions to not harmother. While watching a sport, spectators are assumed with certain risks and such assumptionstherefore, are a possible defence against claim while watching the tournament. Referring the casePage | 1
COMMERCIAL LAW INTRODUCTION 1 PART A1 PART B3_3

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