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The Business and Legal Environment Assignment

   

Added on  2021-02-20

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THE BUSINESS ANDLEGAL ENVIRONMENT
The Business and Legal Environment Assignment_1
Table of ContentsINTRODUCTION...........................................................................................................................3MAIN BODY..................................................................................................................................3CASE STUDY ONE........................................................................................................................3Legal Actions that Leon can take and damages that he would be entitled to..............................3Defence available with shopping centre after they are sued by Leon.........................................4CASE STUDY TWO.......................................................................................................................5Classification of Adam as Imperial’s employee or not...............................................................5Main factors court needs to take into account for determination of worker’s status...................5CASE STUDY THREE...................................................................................................................6Regulations to be followed by Willow Engineering in Victoria.................................................6Methods to stop spread of this infection in future and avoiding potential hazards in future......7CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................1
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INTRODUCTIONBusiness and Legal environment involves the various laws and legislations formulated bythe government to regulate business and its operations. In the present report, three different casescenarios have been discussed. All the cases involve incidents that have occurred at theworkplace of different organizations and will illustrate what is the case study, what are thedifferent issues that the plaintiff has experienced, whether any file suit can be filed by him andwhat damages can be recovered by the plaintiff. Further the report will also highlight what arethe defences available with the defendant and how these can be exercised in-case the plaintifffiles a case against the defendant in the Australian court. MAIN BODYCASE STUDY ONELegal Actions that Leon can take and damages that he would be entitled toThe present case study states that while visiting Eldorado Shopping Centre, Leon, acustomer slipped on the polished granite floor and sustained major injuries. As per the AustralianTort Law, the plaintiff i.e. Leon has the right to recover the expenditure caused due to pecuniarydamages sustained by him. The plaintiff here is entitled to recover the nominal damages due tonegligence on the part of defendant i.e. Shopping Centre managers (Luntz and et.al., 2017).Although the law does not given any provision for emotional or non-pecuniary damages, buthowever, if the plaintiff has incurred any pecuniary damages, he is entitled to claim damagesagainst non-pecuniary damages i.e. emotional damages as well. In the present case, the shopper Leon visited the store on a wet day and slipped on thepolished granite floor which caused him injuries. He can file a legal suit against the shoppingcentre owners claiming refund of the expenditure on the medical bills that he incurred due to theinjury and additionally he can further sue the company for emotional damages or distress that hemight have incurred while suffering from the injury. With reference to the previous case of Australia titled Kavanagh v/s Akhtar, the courtupholded a legal doctrine called eggshell skull rule which stated that the tortfeasor is liable top[ay the entire extent of damages that the claimant incurred even if such damages were causeddue to the negligence or unforeseen frailty of the claimant himself (Stickley, 2016). This doctrinecan be used in the current case as well by Leon while filing a case against the Eldorado Shopping
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