Understanding Negligence and Legal Principles in Business Law: A Case Study Analysis

Running head: QUESTIONS 0
business law
FEBRUARY 2, 2019

QUESTIONS 1
1. The parties and legal principles involved in case-
Brandon Walsh and Hoof Hearted Adventures Ltd. Were two parties of Brandon case. In this
case, following principles are applicable-
a. Negligence- in tort, the negligence will not always considered as liability. It is a
breach of legal obligation to consider that results in damages not wished by
defendant to complainant
b. Voluntary assumption of risk doctrine- this principle states that in case where any
person willingly enters in the position in which he or she knows injury may result,
then he or she not able to sue defendant.
c. Exculpatory clause- an exculpatory clause is a clause, which completely forgives
the party from the future negligence.
2. Essential elements of negligence action in Brandon case-
a. Duty of Care: As per tort of negligence, the legal liability of offenders arises at the
failure on their role to accomplish as responsibilities, the payee of which is
complainant. In this way, complainant has to create that they are available to perform
the duty on role of offender towards complainant.
b. Breach of Duty: The other main element that must be established in order to sue is
that there was a breach of earlier mentioned duty by the offender. The offender may
subjectively expose the plaintiff towards the significant risk of loss or injury. He can
also do so by failing to realise the said risk, which any reasonable person in the given
circumstances would have objectively realised. In this way, the breach of duty may be
either objective or subjective (Kennedy & Sossin, 2017).