Tort and Duty of Care in Business Law

This report discusses the concept of tort and duty of care in business law, focusing on the case study of Extortionate PLC. It explores the ethical considerations for banks and possible defenses for the organization. The report emphasizes the importance of conducting business activities in an ethical manner.

Project

Table of Contents
INTRODUCTION.......................................................................................................................................4
MAIN BODY..............................................................................................................................................4
What is Tort and the Duty of Care?.........................................................................................................4
Under the doctrine of tort consider whether Extortionate PLC is liable for Samantha’s injury...............5
What are the ethical considerations if any does the Bank owe the public?..............................................5
Are there any possible defence for Extortionate PLC?............................................................................6
CONCLUSION...........................................................................................................................................7
REFERENCES............................................................................................................................................8

INTRODUCTION
Business law or commercial law is body of law which is related with the business
transactions and commerce, banking and investment, marketing and advertisement and finance
(NOBLE, 2019). Business law determine about the minimum standards of behavior that are
expected from the organisations and from the sole proprietors. It is very much potential to have
the knowledge of business laws and practices to the organisations as well as individual to operate
business activities in the ethical manner. respective report is based on the case study in context of
Tort of negligence. To acknowledge in regards of subject matter and reach out at valid
conclusion respective report is based on tort and duty of care. Further it includes the principles of
tort by considering whether it is liable for the injury of suffered in scenario. It also includes the
ethical considerations while bank owe the public. Finally it includes the possible defenses for the
Extortionate PLC.
MAIN BODY
What is Tort and the Duty of Care?
Tort is the French word that denotes the term incorrect. This refer as a civil mistaken or
act of wrongful, even if it is planned or unintentional by which damage or harmness’ occur to
others. In torts includes the inattention case and all those cases that occurs on purpose that
resulting the harmful effects (Kochupillai and Brinkmann, 2019). Tortfeasor can be describe as
the person who is responsible for committing the act, although crimes also come under the torts
as cause of actions that is officially authorized in the civil torts is not compulsory be the output
of criminal action. There are majorly three kinds of torts in the category of civil litigation
includes the broad series of individual damage or hurt cases. The kinds of torts are considered to
be intended torts, neglect as well as harsh liability.
Duty of care: This type of duty can be describe as the lawful and legal responsibility that
should be obligatory on a person that necessities devotion the standards of rational and logical
concern by creating the acts which should not be proved foreseebly harm others (NOBLE,
2019). It can be consider as the initial and foremost component which should be recognized for
processing the actions in carelessness and neglect. It is very much important for protecting the

self interest of people by reasonable expectation of protection from the harm as an result of
actions by themselves or other in order to act in reasonable manner.
Under the doctrine of tort consider whether Extortionate PLC is liable for Samantha’s injury.
The doctrine of tort is the general law or civil law and large number of lawful systems
that drive to act in rational manner. the instance of harmful behavior includes physical attack on
the individual or interference with the one’s possession or with the enjoyment, economic interest
or for honor and for any other purpose. From the case study it has been analyzed that Samantha
who went to the local bank to inquire about the loan that required to start up a new company.
While she was existing from the bank she tripped and fell down from the stairs. This lead to
damage her hand and wrist. After that some nails found at the bottom of the stairs, in that
regards it found that Extortionate PLC is liable for the Samantha’s injury as it come under
intentionally harm to others (Kochupillai and Brinkmann, 2019). The another important evidence
that found while few days later messaged to tell her that she was not alone to got from the injury
from the stairs but many more. In that regards it is found that they come under the legal
obligation. Authorized and lawful injury not only end up to the bodily injuries but as well as
consist of the emotional, economic and reputational one that hurts the people self interest along
with the breach of their privacy, material goods and rights of constitution. In that regards
individual who got affected need to take the help of court and legal regimes to fought for the
rights in potential manner.
What are the ethical considerations if any does the Bank owe the public?
It has been generally stated that majorly banks carry out their business operations in the
world but not carry the label of Ethics. In the unethical practices of the banks includes the places
in banks invest its money such as military and defence organization, tobacco firms and
organisations whose tested on the animals and many more. it also includes the way banks treat
with their consumers and involve in any kind of fraudulent activities that affect their business
works and activities in adverse manner. in that regards it is very much potential for the banks and
other institutions to have the knowledge about their rights and duties for the people and others
that helps to serve in potential manner. it has been analyzed that the giants banks such as
Barclays, HSBE, Lloyds and RBS have been surrounded for the encouraging misleading
practices from their staff for paying the performance related bonuses that hinders their self

interest in giving one of their best practice in potential manner. Mis selling refers to the
consumer usually means selling the product such as packaged bank account with the fees that
they does not require (Graw and et.al., 2019). In context of Extortionate PLC they engaged in
giving the physical tort to the people that consider under the unethical activity for the
organization. the another activities in which banks and other financial institutions remain
involved is human rights concerns for enhancing their level of experience in potential manner.
as the character of industry of bank require that all staff member, officer, director and other
individuals have to follow the high standards of integrity and ethical conduct. For them mostly
are the common rules and some are mandatory to serve consumers in one of best manner. they
also have to follow the ethical practices related to the environment as it is very much important
to occurs the business activities in the flow to attain sustainability and profitability for the long
term in order to remain competitive in marketplace.
Are there any possible defence for Extortionate PLC?
Before going to understand the possible defense for the Extortionate PLC in the case of
tort it is essentially required to acknowledge about the defense meaning in the context of tort has
been spawned of the general failure of courts and commentators to make the meaning clear.
Basically it means those arguments used to persuades the court to conclude the defendant in the
context of guilty (Crane and et.al., 2019). Defense also used in the affirmative defenses that
resulting the verdict is majorly for the defendant event if all the potentialities of the tort
committed against the present. In it includes the absolute privilege, abuse of process and many
more. the defendant who relies on the rules seek to avoid the liability by not obliged the plaintiff
the allegation by not getting around. Then the next round of defense consider the remedy
restricting rules, in context of defense in respective ground includes the principles that helps to
limit the plaintiff that entitled to (Bu, 2019). Some of the restricting rules are the cut the plaintiff
entitlement to damages such as provision for apportionment by contributing negligence and
principles of mitigation for damages in order to remain competitive in the marketplace. in that
regards it is very much potential to have the clear understanding about the consent, while
plaintiff is wrongdoer, inevitable accident, act of god, act in the relation to private defense,
necessity and act in doing in respect of statutory respect. In that regards for the bank it is very
much potential to have the calculate the other measures to take the defensive side to remain
competitive in the marketplace. in context of respective organization that come under the illegal

activities of harming others and their self interest required to take steps to protect oneself and
never involved in any kind of activities as it spoil their image in giving one of their best efforts in
serving the consumers in one of best manner.
In that regard for respective organization it is very much potential to possess the potential
knowledge and information about the legal obligations of the field in which they are presently
practices’. To provide one of best practices need to understand the practices of tort and duty of
care as it enhance the viability of remaining positioned in market for the longer duration by
optimizing the best opportunities in the wider marketplace. in respective case study it has been
evaluated that bank continuously giving the pain to their clients that is not a good deed from the
side of institution. As for serving to people required to evaluate each and every aspect in
potential manner.
CONCLUSION
From the above report it has been concluded that for an organization it is very much
potential to commence the business activities in ethical manner as it enhance the profitability
and sustainability in the wider marketplace. by understanding the concept of tort and duty of care
an organization intentionally not enforced in illegal deeds.

REFERENCES
Books and journals:
Mitchell, C., and et.al., 2017. Exploring the potential duty of care in clinical genomics under UK
law. Medical law international, 17(3), pp.158-182.
Alexander, K., 2015. Tort Liability for Ratings of Structured Securities under English
Law. University of Oslo Faculty of Law Research Paper, (2015-06).
Cardi, W.J., 2014. The Role of Negligence Duty Analysis in Employment Discrimination
Cases. Ohio St. LJ, 75, p.1129.
Barravecchio, J.A., 2013. The tort of negligence. Legaldate, 25(4), p.4.
Goudkamp, J., 2015. A Revolution in Duty of Care?. James Goudkamp,'A Revolution in Duty of
Care, 131, pp.519-525..