Questions in Relation with Legal Aspect of Business | Business Law

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Business Law
Questions in relation with Legal aspect of business
1/17/2020
Student Credentials

Business Law 1
Question 1:
In the recent times there have been advancements in relation with legal environment of
organizations in the business world. There are factors that have been rendered to recently so
as to make it easier to regulate certain laws or facilitate the business. To a certain extent the
change has been positive as well as negative (Williams, 2017).
Privacy of the customers in general is a huge issue that needs to be tended to while
conducting a business. Recent changes in laws have made it easy for the customers to trust
the organizations, as in case of Halliday v Creation Consumer Finance Ltd [2013] EWCA
Civ 333, CA it clearly states how necessary it is to prevent the leak of data in the world
around (Thompson, 2013). Another case is in relation with recent changes is, Jetivia SA v
Bilta (UK) Limited (in liquidation) [2015] UKSC 23 which is a company law case of United
Kingdom where the Supreme Court considered, the instructing of attribution and its propriety
to associations and administrators in recognizing hazard (Bloomsbury Professional,
2015).
Question 2:
In order to prove a case of negligence, duty of care has to be established. While in a sporting
event, to prove that the duty of care existed, the only requirement here is the establishment of
a relationship between both the parties, which is the defendant and the plaintiff. On usual
basis, in a legal sports related competition, each participant owns a duty of care towards the
other. Such duty of care is something which is present in order to exercise every kind of care
that is quite reasonable in the said prevailing circumstances so as prevent injury or harm to all
the participants. A case quite similar is the case of In Rinaldo v. McGovern, 78 N.Y.2d 729,

Business Law 2
587 N.E.2d 264, 579 N.Y.S.2d 626 (1991) where damage was caused to the defendant but the
court denied any liability of plaintiff as it was not an act of negligence (LexisNexis, 2020).
When an obligation of care has been set up, it should then be indicated that this obligation has
been broken, considering the prevailing conditions of that specific game. For risk to be
demonstrated, there may not really be criminal reckless dismissal for the injured individual's
security, yet it shall be something more genuine than a negligible blunder of judgment or a
pass of expertise (In Brief, 2019).
Question 3:
The harms might be decreased on the basis of his contributory carelessness where the said
defendant is a subject in tort, or at least where he is co-broadly subject in tort and agreement,
however not where he is obligated distinctly in contract (The Law Commission, 2016).
The case of Revill v Newbery [1996] 2 WLR 239 is an often used case so as to elaborate more
about the concept of contributory negligence (E -Law Resources, 2020).
Another aspect that can be rendered specifically to reduce the consideration that needs to be
paid by the defendant in this case is the Comparative Negligence. In this kind of negligence,
the defendant can easily get a certain percentage of remuneration or compensation for that
matter reduced. One such example of comparative negligence which is quite common and
widely known as Fitzgerald v Lane [1989] 1 AC 328 this case just makes it easier for people
to understand the concept behind comparative negligence (Casemine, 2019).
Question 4:
This scenario is covered under the criteria of strict liability. There are instances when taking
care of almost all the dangerous aspects is not enough and each and every harmful aspect
needs to be rendered to in order to be a product which is safe to use. In the given case, the