Assignment on Commercial Law (pdf)

Added on - 21 Feb 2021

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COMMERCIAL LAW
Table of ContentsINTRODUCTION...........................................................................................................................1MAIN BODY...................................................................................................................................1Case Scenario..............................................................................................................................11. Advise Priya and Rahul what rights they may have to sue in the tort of negligence.............12. Advise Priya and Rahul if they can sue under Part 3-5 of the ACL. If so, who would theysue, and on what basis?..............................................................................................................3CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
INTRODUCTIONCommercial law can be defined as the law which deals with the commercial sector forproviding the guidance which is required by any of the individual or organisation. It is necessaryto follow the guidance which is mention under the commercial law. It is also understood asbusiness law or mercantile law where it covers number of acts and laws under it and they arecorporation law, contract law, intellectual property law and many more(Gillespie, 2017). Incontext of the file, their will be brief explanation of the case in the beginning and after that samecase study will be solved. It will include the discussion about trot of negligence and at the end itwill be explained that who can be sued on the basis of given case scenario.MAIN BODYCase ScenarioThe case is related with Priya, Rahul and their new born baby boy Aaru. Both, husbandand wife are interest in visiting new places. After the born of Aaru, his father went to purchasenew baby's cot. He decided to purchase “Sleep sound” because it is more comfortable andsuitable for the new born baby and even it is easy to assemble and disassembled because it waspotable in nature. The main reason behind purchasing “sleep sound” was to provide extra safetyto their baby because once it is fixed, it stays in the same position tell the gesture is changed.When both husband and wife went for the adventure trip they uses the same “sleepsound” which was found collapsed, folded and even Aaru was trapped inside it. After seeing thismother was also socked due to which both of they required the treatment so that they can recoverfrom this incident. Now, they are not sure who is the real manufacture of the product becauseproduct was purchased in bulk from one of the importer.1. Advise Priya and Rahul what rights they may have to sue in the tort of negligence.Law of Tort:It is defined as the wrongdoing which is done by one party to another. Thisfalls under the category of civil wrong were liability is raised against the person who havecommitted the crime(Saleem, 2012). Whenever case is filed under this situation, it is founddefendant have to prove that he/she is not guilt in this case where they have to come up withstrong evidences. If defendant is able to prove that there was no his/her fault then plaintiff haveto bear all the losses. Under this, party do not have the intention to perform unlawfully but stillaction is taken against the person who have been found guilty under this.1
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