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BUS503 Principles of Commercial Law

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Principles of Commercial Law (BUS503)

   

Added on  2020-05-16

BUS503 Principles of Commercial Law

   

Principles of Commercial Law (BUS503)

   Added on 2020-05-16

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Running Head: Law1Law
BUS503 Principles of Commercial Law_1
Law2Part AIssue:Whether it is possible for Marcos to file case against the Alice under law of Negligence?Law:Negligence can be understood as failure of person to take reasonable care for the purpose of avoiding any action which can result in injury or loss to any other person. For establishing the case under negligence, following elements must be present in the case:Plaintiff must provide evidence that defendant owns duty to take care towards the plaintiff.Defendant fails to take reasonable care of the plaintiff. In other words, action of the defendant fails to match the standard of care which would be complying by any reasonable person in the similar situations. Loss or injury is suffered by the plaintiff.Injury or loss caused because of the breach of duty by the defendant (ALRC, 2018). Common law determines the duty of care in number of limited relationships such as relationship of innkeeper and guests, carrier and passenger, doctor and patient, occupier of land and visitor. For duty of care to be exists, there must be some relationship between the plaintiff and the defendant. It is necessary to establish that plaintiff and defendant share relationship for the purpose of filing claim under negligence (Lawvision,n.d.; Liability Act, 2008). Duty of care can be understood through case law Donoghue v Stevenson 1932 AC 562. In this case, two ladies that was Mrs. Donoghue (plaintiff) and her friend went in café. Friend of Mrs. Donoghue
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Law3purchased bottle of ginger-beer for Mrs. Donoghue. Bottle of ginger-beer was sealed and it was not possible to inspect the content of the bottle. Plaintiff drank a glass of the ginger-beer and when she poured second glass of the beer a decomposed snail fell from the bottle of the ginger beer. Because of the snail in the bottle, Mrs. Donoghue suffered from gastroenteritis and nervousshock. In this, plaintiff file suit against the manufacturer of the ginger beer bottle under negligence. In this case, relationship exists, as manufacturer of the beer sold bottle to the shopkeeper, that means contract exists between the parties and remedies under law were available for breach of contractual terms. Shopkeeper sold the bottle of beer to the friend of plaintiff that means contract exists between the parties. Later, friend made gift of the beer bottle to plaintiff. In this contract does not exist between the parties that mean no remedies are available under law of contract. House of Lords, London decide this case and main issue decidedby Court was whether plaintiff can took action against the manufacturer of beer? In this case, House of Lords decided that the manufacturer of the products owns the duty of care towards the ultimate consumers of the product while manufacturing such product, and this isbecause product manufactured by the manufacturer for the ultimate consumption of the consumers. General principle was stated by the lord Atkin in this case, and in this principle he considered liability in context of tort of negligence. In this case, Judge made the law that the person was obligated to love their neighbor and must not injure their neighbor. An individual was under obligation to take reasonable care for avoiding any act or omissions which can be reasonable foresee that cause injury to the neighbor. In this context, Court also defines the term neighbor in restricted sense. Neighbor was the people who were closely or directly affected by the act of person.
BUS503 Principles of Commercial Law_3

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