LAW220 Business Organisations Law | CSU
6 Pages1452 Words89 Views
Added on 2020-03-04
LAW220 Business Organisations Law | CSU
Added on 2020-03-04
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ANALYSIS OF CASE 2Introduction A tort is the term in law which denotes a civil wrong and one of the forms of tort is negligence. Negligence denotes the contravention of obligation of care by one party which injures or harms the other party (Latimer, 2012, p. 225). In the following parts, an advice has been prepared for MacTools Ltd to make them aware of the liabilities arising out of their negligence and the possibility of reducing the claims by highlighting the contributory negligence of Aurora. The situation which Jessie and the possible case of negligence by her, has also been analyzed. IssueThe legal issue in this case revolves around the liability of MacTools arising from their negligence towards Aurora and Jessie.RuleIn negligence, the actions of the individual are such that they pose of chance of another getting injured and so a duty of care is owed by them to the other person. When this duty of care is not fulfilled and the other party is injured, a case of negligence is made. In order to establish a case of negligence, there is a need to show the duty of care, the breach, foreseeability, damages, loss not being too remote, and finally the direct causation (Barnett and Harder, 2014, p. 148). For establishing duty of care, the neighbors rule given in the case of Donoghue v Stevenson [1932] AC 562 proves to be of help. In this case, the court held that due to the close
ANALYSIS OF CASE 3relation amongst the manufacturer and consumer, there was a possibility of the actions of the former affecting the latter. And due to this reason, the former was asked to compensate the latter for the dead snail found in the bottle, which resulted in the latter’s sickness (E-Law Resources, 2017). Next step is to show that this duty of care was breached. In Paris v Stepney Borough Council [1951] AC 367, the plaintiff was not provided the safety gear when the council knew that the work involved the need of safety gears. Due to the injury caused to the plaintiff, he was blinded and so, the duty was held to be breached by the court as the safety gear was not provided(Swarb, 2017). There is also a need for the damage to be foreseeable for a claim to be made. This means that there had to be a chance of the harm to be caused. The foreseeability of loss depends upon the view of a prudent person (Clark, 2010, p. 306). The damages cannot be too remote and have to be significant for the damages to be awarded to the other party (McKendrick and Liu, 2015, p.468). This means that the injury has to be such that was predictable and which causes some major loss to the other party. The last requirement is to show that the injury was a direct result ofthe negligence of the party which owed the duty. Once all of these elements come together, the harmed party can make a claim of negligence and claim compensation for their injuries (Gibson and Fraser, 2014, p. 170). A leading defense in cases of negligence is contributory negligence. Under this defense, the injured party does something which contributes towards the harm sustained by them. In otherwords, their actions are such which result in the injury being sustained. And in such cases, upon the discretion of the court, the amount of damages ordered to be paid to the plaintiff is brought
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