Tort and Duty of Care in Business Law

Individual essay
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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
What is tort and duty of care?......................................................................................................3
In doctrine of tort whether extortionate PLC is liable for samantha’s injury?............................3
What are ethical consideration does bank owe to public?...........................................................3
Are there any possible defence for extortionate PLC?................................................................3
CONCLUSION ...............................................................................................................................3
REFERENCES................................................................................................................................4
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INTRODUCTION
Every business is required to follow certain rules and regulations to conduct activity. Also, it is
necessary to govern and monitor business act and behavior to ensure that ethics are followed.
The business laws are developed by government. The regulating bodies are responsible for its
governing. The laws are different in various countries. (Geistfeld, 2019).
The essay will explain about what is tort and duty of care. Besides that, it will be discussed on
doctrine of tort and how it is applied in Samantha case. Furthermore, ethical considerations of
bank towards public will be mentioned. And possible defence which can be used by bank
MAIN BODY
What is tort and duty of care?
The tort is defined as act or omission which results in harm or injury to another person and civil
wrong on which court impose liability. In this all act are contained either intentionally or
unintentionally along with all case where damage or injury is been done (Keating, 2019). The
victim can cover damage in tort law by taking help of law suit. However, it is essential to prove
that there is breach of contract occurred in tort. But it is analysed that criminal and tort are
different from one another. This is because in tort injury done is in interest of person whereas in
criminal law the damage is in interest of society. So, this separate them both.
Now, duty of care is related to legal responsibility owned by company or person to avoid any
behavior or act that can led to damage or harm to others. The behavior and act done must be in
favor of public. The services offered needs to be as per policy and guidelines. Along with it,
behavior should be appropriate. Moreover, there are certain elements of it that is as (Murphy,
2019).
Duty- it arise when law consider act of person on depends on relationship between defender and
plaintiff.
Breach of duty- in this there has to be a breach of duty. Here, lawyer need to prove that
negligent party has brecahed their duty to another person.
Cause in fact- it state that a plaintiff must prove that the defendant's actions were the actual cause
of the plaintiff's injury
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