Law of Tort and Negligence: A Case Study on Good Bake Ltd and Linda | Desklib

Law for Business Managers

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Part 1............................................................................................................................................3
PART 2........................................................................................................................................5
PART-3........................................................................................................................................7
CONCLUSION................................................................................................................................9
REFERENCES................................................................................................................................1

INTRODUCTION
Law of tort governs the remedies against civil wrong and person is liable for the wrongful
act if it is done intentionally or accidentality. The injuries or aggrieved party has to compensate
damages through paying capital. Along with this, damages may include compensation for loss
of property, medical expense or punitive damages to punish the wrong doer. The injured party
will seek compensation through court process and fallibility may arise due to negligence,
intentional failure to act when person is liable for any duty. The present report has been based
on case of Lind who won double oven by Good bake Ltd in a competition. After one month of
regular use of oven there was various damaged faced by Linda. The present study will discuss
the salutatory action taken by Linda and how company can claim damages.
MAIN BODY
Part 1
In the case of Linda it has been identified that she took participation in the radio Norwich
competition in which she won first prize a brand and top range double oven by Good bake
Appliances Ltd. Along with this, after a month oven explodes and cause damage to Linda and
kitchen furniture.
Rule: In the case of Linda rule of contract will be applied and when one party breaks a
promise then other parties to the agreement might suffer loss due to non performance of the
obligations. Along with this, in case of Linda it was the duty of Good Bake limited to make
Linda aware about the use of Oven and precaution which need to be taken in order to deal with r
risk which have higher chances to appear. In addition to this, there was negligence form the side
of company. The term negligence is define as failure to perform the basic care which a
reasonable person should have performed in all situation (Foulon, 2019). It basically a mode in
which type of injuries can occur if suitable precaution has not been taken into consideration.
There is an important condition under the liability for negligence that defendant owes a legal
duty towards plaintiff. In case of Grant Vs Australian Knitting Mills Ltd., 1935. The plaintiff
purchases tow sets of woollen underwear after wearing customer suffered from skin diseases
and the reason for problem was excess amount of sulphates present in the wool. Although at
the time of washing sulphate was not removed so in this case the manufacture was held liable
as they were not liable to perform their duty correctly. According to law of tort it is the duty of

defendant to owe a duty of care towards the plaintiff. In the case of Linda there is breach of duty
to take care and in liberality of negligence it is one of the most important condition. Although in
law of tort damage suffer by plaintiff will be the result of the breach of the duty. The harm can
be in form of physical, reputation, property and economic loss (Sullivan and Schweikart, 2019).
Moreover, one of the landmark case is Donahue vs Stevenson plaintiff had gone to cafe to
have a ginger beer the bottle was sealed with opaque cork. While emptying the bottle
decomposed body of snail came out and plaintiff was ill due to the part of consumption. It was
held by the court that the manufacture was liable for the negligence because there was lack of
reasonable care and due to that customer suffer injury and manufacturer owes a duty of care to
the plaintiff.
In case of Linda it was the duty of Good bake to make the customer aware about the use
of double oven and give details regarding the risk. There are some steps that need to be prove
by the plaintiff in order claim the compensation. In case of duty of care defendant owed duty to
the plaintiff and they have to act under recognize legal relationships. Linda was also customer
of Good bake duty was to take care of the oven gifted and it should be at least cover under
guarantee (Volkova and et.al., 2019). Along with this, Linda has only used oven for 1 month so
the quality of the product is not good. Thus, Linda can apply under duty of care as she has
suffered economic and various other damages. Moreover, cause in facts of the injury need to
be proved under the traditional riles of legal duty plaintiff have to prove that defendants action
which has cause injury to plaintiff. In case of Linda there was no instruction given by Good
bake regarding the use of oven per day, maxim heat and cleaning of oven in order to deal with
the precaution. In addition to this, for claiming the injury it is important for Linda to prove
legal recognized harm and it can be in form of physical or property. It is not enough for the
defendant to failed exercise reasonable care and it must result in actual damages to a person.
Personal injury can be brought in the court with appropriate time frame.
In case of Lind it can file suit against Radio Norwich also for the damaged prize as
well as Good bake company. The sales of good act also state that it is the duty of manufacture
to make customer aware about goods and services so that it can reduce the impact of risk.
Moreover, one of the duty of services provider is to provides relevant information to the client
so that risk can be handle properly and there is no negligence of duty (Zipursky, 2021). Thus,
claimant can ask for capital compensation as Linda need to redecorate its kitchen and most of