Legal Issues in Business Organizations Tourism and Events Organizations Assessment for 2021

This report discusses Tort Law and various other laws related to the tort that is tort of negligence, consumer protection, health and safety, liability for defective goods and product liability. It also explains the English legal system and the concept of law. The report provides insights into the laws related to consumer protection, health and safety, and liability for defective goods.

LEGAL ISSUES IN
BUSINESS
ORGANISATION TOURISM
AND EVENT
ORGANISATIONS
ASSESSMENT 2021

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................1

INTRODUCTION
Law is defined as a set of rules which is enforceable by the court of law and are made by
the government in order to protect the rights of the society and every individual is bound to
follow the rules and violation of these will result in penalty imposed by the government. These
laws help the society to protect their rights(Hudson, 2017). The legal system operating in
England and Wales is Common Law legal systems which is established by the subject matter in
the previous cases called the precedent.
This report illustrates the meaning of Tort Law and various other laws related to the tort
that is tort of negligence, consumer protection, health and safety, liability for defective goods and
product liability.
MAIN BODY
Tort Law is related to the civil wrongs and is concerned with the rights and obligations
applied by the courts in the proceedings. It also provides remedies and relief to the person who
has suffered loss due to the damage by way of compensation. Tort is classified into two
categories:criminal law and contract law, and they are dealt by the civil court of law(Maria,
2018). Any party who has suffered the damage due to harm caused or any civil wrong done by
the other party can sue in tort. In order to claim for the damages, it is important to prove that the
harm is caused. Duty of care, negligence, personal injury, strict liability, nuisance and damage
are the kinds of tort under law.
Tort of negligence:Negligence is type of tort which is developed as a result of the loss or
damage caused to one of the parties in the absence of the contract and had no right to sue each
other for the wrongful act done by the either party. In order to prove the claim for the negligence,
the claimant has to prove the following facts :defendant owed the duty of care, the defendant has
breached the duty of care, and the loss suffered due to the breach. For the negligence, the
defendant should owe the claimant to take reasonable care and not cause damage to the other
party(Kingston, 2018). The duty of care was first established in the first case was Donoghue v
Stevenson, it was held by the House Of Lords Mr Stevenson is liable under tort and the liability
is based on the public and the offender is liable to pay for the damages. After the duty of care, it
should be proved, the plaintiff should prove that the defendant has breached the duty. Causation
is the main element in following the claim in tort of law. The two aspects which should be

proved that due to the breach of duty by the defendant resulted in damage to the party and the
damage should be recovered from the defendant b way of compensation. When the claimant
proves all the elements of tort against the defendant, the plaintiff is entitled to recover damages
from the defendant in respect of the wrongful act committed by the party(Adams et.al,2018).
The compensation awarded to the plaintiff in respect of the harm caused are the damages. The
compensation received to the claimant is a way to put the party into the position if the tort was
not committed.
Consumer protection:Consumer protection is well-defined law of rules and regulations, that
determine the contractual relations between the business and the consumers and ensures
transparency and fairness. It is a modern framework of the rights of the consumers which aims at
increasing the confidence in the consumers. It helps to strengthen the rights and provide the
customers remedies and protect from exploitation. They have various privileges such as right to
access to basic needs such as education, shelter, water and sanitation, right to safety against the
product ans services which is injurious to their health. The have right to choose the products and
services of their choice, they have the right to claim the damages and demand compensation for
the damages suffered due to the act of the producer(Forsström, et.al 2021). Consumer protection
is related to the protection from the unfair trade practises by the seller by selling defective
goods. The laws related to protection of consumers did not change because of Brexit and people
enjoyed their rights after Brexit. The consumer protection act imposes liability on the
manufacturer for the damage caused due to faulty goods. The claimant needs to prove that the
product is defective, the claimant caused the damage due to the defective goods. Consumer
protection gives the person right to redress if the trader misleads the customer. The consumer has
right to reject the goods and can make complain within reasonable time period, claim for the
damages suffered due to the defective goods including the cost of repair incurred during such
loss. The consumer has right to request for the refund if the claim made is not made in good
faith(Cuesta, and Sepúlveda, 2019). As the amount of travel is increasing it is important to
make provisions regarding the regulation and strategy which intent to protect the rights of the
consumers.
Health and safety:This act secures the health and safety of the persons at the workplace and also
ensures that proper precautions and safety measures should be taken into account. Employers
have the responsibility for the health and safety of the employees. Various provisions have been

made in respect of the health and safety of the workers. Health and safety at work is the primary
factor. The employers' duty is to ensure that the workplace should be safe in order to avoid any
risk which can occur due to heavy machinery which can damage to the health of the workers. It
should be kept in mind that the safe working practises should be followed including adequate
first aid facilities, special training and education should be provided to the those group of
workers involved in chemical hazards and explosive areas(Hooijberg, et.al, 202). The employer
should examine that the conditions of the workplace should be clean and make sure that the
employees use safe equipments and tools so that it does not cause any damage to other
employees at workplace. The company should establish health and safety commission like
executive which ensures health and safety at the workplace as it is the duty of the executive to
make arrangements and to assist and encourage persons to follow the instructions regarding the
safety measures at the work. The Secretary of the state has the power to make regulations
regarding the health and safety of the workers. The employee of the company also has certain
responsibilities as workers are responsible for their own safety at the workplace. It is the duty of
the employer not to remove any safety equipments and should have knowledge about the
machinery before using it. The employer should ensure that the area is safe for the movement of
the machinery. Various provisions have been made by the government under the employment act
to ensure that the duties are followed by both the parties and provide protection to the health of
the workers working there(Herrera-Sánchez, et.al, 2017). Under the certain restrictions are also
imposed on the parties regarding the workplace and contravention of these provisions can lead to
the strict action against any person violating the laws. Examples: It is the responsibility of the
employer to protect the health and safety of its employees by providing the worker with all the
important information. Meeting should be conducted in order to educate the employees about
safety and health measures at the workplace.
Liability for defective goods:Liability of the defective goods is covered under the product
liability of the consumer protection act and imposes strict liability on the manufacturers for the
damage caused by the use of the defective goods. Product liability is that area of law where the
producers and suppliers are held responsible for the injuries caused by the product. The
Consumer protection act imposes legal liability for the defective goods on the producers. This act
applies to both the parties and imposes liability on the manufacturers for the harm and damage
caused by those products. The claimant can file a suit for the damages from the defective

products and sue for compensation. But in order to avail the compensation it is important to
prove that the product is defective and the injury or damage is caused by the application of the
same product. According to the consumer protection act, the producer or manufacture is liable
for the defect in the goods. Liability is imposed on the producer or the company importing
goods in the country. It is not necessary that one person is liable(Abbott, and Tyler, 2017).
Liability is joint and several so more than one party can be held liable for the damage. Under the
act various defence are available against the claim made such as the defendant(producer of the
product) did not supply the product and the product did not exist at the time of purchasing or
during transportation of the product. The time limitation period for the claim is three years from
the date of the damage or injury under the act.
Product liability:Product liability under the consumer protection is defined as the responsibility
of the seller to compensate for any harm caused due to fault in the goods sold. It is that field of
law in which the manufacturers, suppliers a and retailers are held accountable for any damage
cause due to defect or fault in the product. It is a civil against the suppliers for the personal
injury or damage caused to the property due to the fault in the products. If any product is found
defective, the manufacturer is liable for damage under the Consumer Protection act. Person
injured by the use of the defective goods have the right to sue for the damages. An injured person
can file a suit against the producer and importers. The person can sue for compensation for death,
personal injury and the act does not impose any financial limit on the total liability of the
producers. There are defences available when the claimant is not entitled for the damages where
the seller did not supply the product, the product is not supplied in the course of business. The
product liability can be made under the consumer protection act in negligence and breach of
certain obligations(Cherednychenko, 2020). The act also imposes the liability on the producers
or manufactures of the defective goods or damage caused due to such defect. Product liability is
divided into 3 parts :contractual liability, negligence and strict liability. The plaintiff can file the
suit against the seller within three from the date the party was injured by the use of defective
goods but cannot sue the defendant after the time has elapsed. After all the evidences, the
claimant is entitled for the compensation for the damage and injury caused to party by the
negligence of the party.

CONCLUSION
From the above report, it can summarize that the English legal system is mainly based on the
constitution and practice is based on the practise and direct grounds of justice. Law is defined as
the set of rules and regulation which is enforceable by the court of Law. These provisions are
binding on all the people in the country that is they are bound to follow the rules made by the
government. Under the report, the concept of tort of law is discussed which is civil wrong
committed by the person which resulted in the loss and damage to the plaintiff. Remedies are
also available to the plaintiff and the party can recover by a way of compensation from the
defendant. Laws related to the tort are discussed such as tort of negligence which says about the
civil wrong and damaged party can sue for the damages to the claimant, consumer protection
which protects the right of the customers from the exploitation and about the product liability
under the consumer protection act which is related to the defective goods by which the party
suffered can recover the damages by way of compensation.

REFERENCES
Books and journals
Abbott, H. and Tyler, M., 2017. Safer by Design: A guide to the management and law of
designing for product safety. Taylor & Francis.
Adams et.al,. Law for Business Students. Pearson UK.
Cherednychenko, O.O., 2020. Rediscovering the public/private divide in EU private
law .European Law Journal 26(1-2) pp.27-47.
Cuesta, J.I. and Sepúlveda, A., 2019. Price regulation in credit markets: A trade-off between
consumer protection and credit access. Available at SSRN 3282910.
Forsström, et.al 2021. A systematic review of educational programs and consumer protection
measures for gambling: an extension of previous reviews. Addiction Research & Theory
29(5) pp.398-412.
Herrera-Sánchez, et.al, 2017. Steps to ensure a successful implementation of occupational health
and safety interventions at an organizational level. Frontiers in psychology 8 p.2135.
Hooijberg, et.al, 2021. Facilities, instrumentation, health and safety, training, and improvement
opportunities. Journal of the American Veterinary Medical Association 258(3) pp.273-
278.
Hudson, A., 2017. The law on financial derivatives (No. 6). Sweet and Maxwell Ltd..
Kingston, J., 2018. Artificial intelligence and legal liability. arXiv preprint arXiv:1802.07782.
Maria, L.E.E., 2018. The sources and challenges of norm generation in tort law. European
Journal of Risk Regulation 9(1) pp.34-47.
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