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Assignment on Negligence of Tort : Case Study

   

Added on  2020-06-06

6 Pages1391 Words35 Views
Commercial law
Assignment on Negligence of Tort : Case Study_1
Assignment on Negligence of Tort : Case Study_2
INTRODUCTIONCommercial law is all about providing practical support to companies and individualsacross the spectrum of contract in which they had entered into. As it deals with issue of contractor tort which arises at any stage of commercial cycle 1. In this assignment, negligence of tort isdiscussed along with one case study and what issues were faced by Rebecca when she wants tofile the case against Michelle.TASK IssueIn given case, Rebecca and Michelle have to join the concert whose name is ‘An Eveningwith Oprah’. While purchasing ticket, issue had aroused at box office and due to thisperformance has been delayed by one hour. So, they both decided to passes the time whileconsumption of wine together. But when show is over, Rebecca understood that Michelle wastoo drunk and he is forcing to drive a car. When he starts driving dangerously, the car wascrashed and due to this serious injury had taken place where Rebecca leg was broken. So theissues were arising that whether Rebecca will demonstrate that Michelle is having owes a duty ofcare. Further, Rebecca has also to verify that Michelle was negligent or not. Moreover, shewishes to prosecute against Michelle for his carelessness and recover loss amount. RuleA tort is civil wrong where innocent party is entitled for claiming the damage amount interms of money. There are many torts which is protecting fundamental liberties such as;fundamental rights and personal liberty. In simple words, tort is protecting the rights of peoplefrom wrongful conduct which is performing by others and provide right them to sue forcompensation if it is possible 2. Negligence is considered as failure where person is notperformed their duty in specific circumstances. It is responsibility of people to exercise withreasonable care so that other person will not suffer from harm or any serious injury. Thefollowing are some elements which has to be proved by plaintiff so that they can recover the lossamount from other person. 1Pirie, S., 2012. Legal and professional issues for the perioperative practitioner.Journalof perioperative practice.22(2). pp.57-62.2Gardner, J., 2011. What is tort law for? Part 1. The place of corrective justice.Law andPhilosophy.30(1). pp.1-50.1
Assignment on Negligence of Tort : Case Study_3

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