Contract Law: Formation and Issues
Added on 2020-02-24
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Running head: COMMERCIAL LAWCommercial LawName of the StudentName of the UniversityAuthor Note
NegligenceQuestionNumberSub part YouranswerMaxmarkMarkLeaveblank1 Duty ofcareTheoryThe test: in the serving of alcohol in the liquorshop the licensee has a particular law of conductswhile he is on the duty. The duty of care serves byhim until the patrons go to home or any othersafe place. The licensee is owned the duty of carewhile he is serving the alcohol and the situationwhere on the particular facts. In the case ofBalfour v. Attorney General [1991] the court hasfound the duty of care where the policies hasbeen applied.5ApplicationWhen the patron is consuming alcohol in theliquor shop then it is the duty of the licensee thathe will take care of the patron until he or shereached in a safe place. The liquor shop premiseare the place where the licensee own the duty ofcare to take care of the patron and after he orshe will drive toward a safe place or home then itis important to take care of the parson.When the duties are foreseeable for affecting theaction, the relations are establishes with thesufficient proximate where the duty of care hasbeen owned. 2.Standardof careTheorySet out the test for the standardThe standard of care has only applicable wherethe court must prove the terms of duty of care ofthe licensee in the liquor shop. If it is found thatthe licensee has breach standard of duty of carethen the cost of preventing breach will beclaimed.According to the given notes the standard of careapplied on the basis of duty of the care is appliedfor the defendant towards the plaintiff. In suchmatter in the liquor shop if anyone face anyaccident after that person go out of the liquorshop then it is important to for the licensee totake care toward the patron.5ApplicationIn the business the licensee of the liquor shop isrequired the standard of duty of care towards theconsumers. The standard of care dependsaccording to the degree of prudence and cautionfor the individual person who is required to beunder the duty of care.
Application According to the notes, Dorset Yacht CompanyLimited v. Home Office [1970] case it has beenfound the standard of duty of care. Thereforehere it is must to state that according to thestandard of care the licensee of the liquor shopshould serve alcohol to the patron who isrequired to have it. The licensee, manager andother sales staff should serve the proper services,who are related to the liquor business.3. CausationTheoryThe causation only occurs when it is used in thesituation of the injury. It is only applicable whenany inchoate offence occur which is known asmens reus. There should be a relationship mustestablished between the causation and liability.Therefore the defendant should own the duty ofcare towards the plaintiff when he was serving inthe liquor shop. In the case of Deloitte Haskins & Sells v.National Mutual Life Nominees (1991) where thecausation was 5ApplicationThe person who is owned the duty of care canuse the causation as defence while the plaintiff isinjured and the relation has been establishedbetween the causation and liability. A liabilityfrom the defendant has establishes. after consuming alcohol if someone gotany injury or have heart attack or any otherhealth injuries occur then it is the duty of thelicensee that he must explain the situation andestablishes the liabilities of the duty of care andwhile it should use the causation as defence.Corke v.Kirby McLane Limited [1952] is a casewhere the causation has been applied in the ‘butfor’ test where the damages was caused due tosome any particular 4.RemotenessTheoryThe remoteness is the part in the breach of dutyof care where the plaintiff could claim thedamage according to the remoteness of thecause of action where the liability of defendanthas establishes. The directness and foreseeabilityof the injury will define the quantity of thedamage of the plaintiff. 5
ApplicationThe application of the remoteness will defineaccording to the damage of the plaintiff. Afterconsuming alcohol, the patron leaves thepremises of the liquor shop and got any injurydue to the intoxication then it will stated that thelicensee breached the duty of care at the serviceof the duty. The directness approaches ofremoteness in damages only applicable when thestandard care of duty establishes the liability ofdefendant whether it will unpredictable or notusual damages. The foreseeability of thedamages defines when damage could berecoverable or where the compensation ispossible to provide to the plaintiff. Overseas Tankship Limited v. Morts DockLimited [1967] where the remoteness has beenfound for losses of a kind reasonably foreseeablefor failure to duty of care.ApplicationThe estimation value of the remoteness dependson the damage of the plaintiff. If it has beenproved that the defendant is liable for thedamage due to the breach of the duty of carethen the damage will be paid. The compensationfor the damage always measured with theliquidation which is the capital amount for thedamages.5. VicariousTheoryThe vicarious liability defines the secondaryliability of the defendant has failed to take careto another person whom with a valid relationshipestablished under a reasonable circumstances.The vicarious liability will never cause any injuryto whom the legal relation has been establishes.The liabilities only depend on the accordance ofthe respondent superior for the imputednegligence. 5ApplicationIn the premises of the liquor shop the licenseeowned the duty of care. When the patron isrequired for the proper duty of care, then thelicensee can held liable for the vicarious liability
toward the plaintiff as a respondent superior. Thedetermination of the situation is only acceptableas per the breach of duty of care. ApplicationAccording to the terms of the vicarious liability ifit is found that B is responsible for the Y’s actionthen it will recognize as the vicarious liability ofB. Therefore if someone has recognized for theaction of the plaintiff due to the intoxication thenit is important that the licensee must not force tointoxicate in the liquor shop premises. For thebreach of duty of care can be occur by thedefendant when he or she owned any dutytowards another person. Q #Law that appliesexplainedHow this willaffect yourbusiness: Youmay add factshere.What is your aimin dealing withthis issueYour policystatement and/or process toachieve theaimMaxMarkMarkLeaveblankPART AFORMATION OF CONTRACTAdvertisementsIn the businesspolicy a properand appropriateof advertise isalways required.In the policydocumentsshould includeswith the everyobjective of theThe businesspolicy shouldprepare for a aimwhere they canachieved thesuccess whilethey are runningthe business.The businessagreement is oneThe legal valueor the legalintention is mustrequire for thebusinessstructures. Theauthority of thebusiness mustformthestructures whereThe businesspolicy need toapplication inthe businesswhere astructuresframe workmust required.In the everyaspects of the3
business aspectsand scope of thebusinessstatutory factorsalso includes.The proper timeand the cost ofthe policy alsoincluded in theofferedadvertisement.Theadvertisementwill help topromote thebusiness for theshop owner andattract theconsumer.of the importantwhilethebusinessconstructor isstructured forthe business. the business willbe processaccording to suchprinciples. Theadvantages of thebusiness aremore requiredrather than theaspects of thebeneficial in thebusiness.business theauthority ofthe businessshould controland maintainevery businessstrategies forthe formationand process ofthe business.EnquiriesIn this businessthe dealing withcustomer theaccording to theneedofcustomer..before formationof the concertdetailsofinformation isrequired and 1party willpropose aboutthe businesspolicy and otherwheel except theoffer the partieshave rights toenquiry aboutthe legal validityof the contractthelegalintention andhow long thecontract willapplicable and ifanylegalAccording tothis business andthe strategiesformation of thecontract shouldfollow everylegalconsequenceswhich will bebeneficial forboth parties ifany obligationarise due toabsence ofelements ofcontract then itwill direct Leeaffectthebusiness enquiryis one of theimportant partfor the processof business. Theam the aimshould be Runsuccessfulbusiness throughThe enquiryprocess shouldfollow thelegal termswhere both ofthe parties willprovide everydetailinformationabout thestatus and theirstrategiesaboutformation ofthe businessthe intention ofthe contractshouldestablish legalfactors theenquiryprocess shouldfollow thebusinesspolicies termoftheformation of3
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