Commercial law assignment sample (pdf)
Added on 2021-05-30
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Running Head: COMMERCIAL LAW 02018Commercial LawStudent’s NameCommercial LawStudent’s Name
COMMERCIAL LAW 1ContentsIssues 1.............................................................................................................................................2Rules................................................................................................................................................2Application......................................................................................................................................4Conclusion.......................................................................................................................................5Issues 2.............................................................................................................................................6Rules................................................................................................................................................6Application......................................................................................................................................7Conclusion.......................................................................................................................................7References........................................................................................................................................9
COMMERCIAL LAW 2Issues 1In the provided case, Norm, a student was coming home from his lectures via his car in theevening. On the way, he had a thought to buy some food for him and he went to YokohamaSushi Bar (Herein after referred as “Yokohama”) and purchased a packet of sushi from there.After that he started to eat the said sushi in the mid of his way. While eating the same, he felt adistinct taste and to check the matter he turned on the light of his car. He came to know that therewas a dead cockroach in that pack of sushi and he had taken a part of it. Due to this incident helost his control on his car and met an accident with car of another person named Paula. In thisaccident both norm and Paula got injured.In addition to above when Ms. Edna, Norm’s mother seen his son injured that night, she gotsuffered from phobia towards sushi and cockroach as well in a manner that she won’t be able toleave house.RulesAs per the civil liability act of relevant jurisdiction, if a person becomes fail to show requiredamount of care, where it was his/her duty to do so, such acts term as “Negligence”. There is some relationship in between person, where one of them is liable to perform his/her dutywith due care as any ignorance of such person can affect the other one in a negative manner. Thisnegligence can be intentional as well as unintentional (Australian Law Reform Commission,2018). If a person who was obliges to follow his/her duty with proper responsibility, becomefails to do so, he/ she have will be liable to pay compensation to other party of transaction.
COMMERCIAL LAW 3The said rule of negligence comes under the purview of Law of Tort. This law has beendeveloped to secure the interest of persons who are in fiduciary relationship with other personand get suffer from negligence of the another person. Further, section 1 of Law Reform(Contributory Negligence) Act, 1945 assert that if a person get suffered from any kind ofdamage partly for his/her own fault, the same shall be entitled to get part damages in form ofcompensation.In Law of Tort, there are different types of damages. Such damages can be in the form ofpersonal injury or property loss or psychiatric injury (Legal Services Commission of SouthAustralia, 2018). Similarly, in a case of psychiatric injury, there can be two types of victimswhich are categorized as “Primary Victims” and “Secondary Victims”.Primary victims are the person is directly involved in an act, whereas secondary victims are theperson who is not directly immediately involved in an act but witnesses such events. Both suchvictims are entitled to claim damages but for secondary victims there are some conditionsstipulated in law of tort. That is as follow:1.Such victims must have a bond of love and affection with primary 2.They must be self-witness of the relevant event.3.They must get suffer from psychiatric injury.4.Result of event in form of psychiatric injury must be quick and immediate. If such victim fulfills all the mentioned conditions, then only he/she will be entitled to getmages in compensation (e-lawresources, 2018a).
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