Analysis of Negligence and Liability in Pharmaceutical Law

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Law 504

Contents
Law 504...........................................................................................................................................1
Introduction......................................................................................................................................3
Main body........................................................................................................................................4
Issue.............................................................................................................................................4
Rule..............................................................................................................................................4
Application..................................................................................................................................5
Conclusion...................................................................................................................................5
Reference.........................................................................................................................................6

Introduction
The law of torts comprises of both the common law and the legislation that is prepared by the
government of the country. A tort is considered to be civil wring that has been done by the
person which can be considered other than the breach of the contract (Gerard, Gainsford &
Bailey, 2018). This is used by the private individuals against the other private person so as to
make it corrected and to achieve the objective of maximising the performance. Here in this
report, the issue would be analysed and the solution would be given to the Betapharm ltd. So as
to identify which of the activities commence to them the liability of the company.

Main body
Issue
The Betapharm ltd. Is the highly reputed large pharmaceutical company that is working in
Australia. The company’s latest drug THX 1138 which is designed to remedy the colds has an
ingredient which is called as Selladol. While this is seen that the drug has to be mixed with this
chemical to the certain extent which consists of 0.1g while due to a mistake of its employee the
drug got mixed to 1g which was considered to be ten times high as prescribed. Hence the drug
has certain side effects that were related to it. Alice one of the customer of the company bought
the drug and took the tablet when she began to feel the cold. After taking the tablet she went
home driving the car but on the way due to the reaction of the drug she was feeling dizziness,
seizure which caused her to meet with an accident. She suffered severe injuries which included
losing the arm. Also, one person who was standing near it named Bob got a nervous breakdown
as he saw Alice losing her arm and being cut off. As a result, she incurs the medical expense and
she cannot run off his handicraft business for two weeks.
Hence due to this accident that occurred the company produced the alert wherein the newspaper
and on TV article where they explained the side effects of the medicine and also told the people
of the company to not to take the medicine. Another person named Dan after hearing the
advisory that is released by the company ignored it and took the medicine in panic. Due to this,
he loosed a huge amount of money.
Rule
This is seen that tort is a civil breach which is committed against another person where the
injured party can sue the other person for the injury that has been caused to them. This is seen
that in the case of personal injury party will attempt to receive compensation where the personal
injury would be recovered for the purpose of the damages that are incurred. It is seen that the tort
law helps in deciding which of the person is considered to be liable against the injury of another
and what are the type of compensation for the injured party (Mackie, 2018). Some of the
elements of the tort law include duty, breach of duty, causation and the injury. This is seen that
in the case of a claim of the damages and there must be a breach in the duty of the defendant
towards the plaintiff which results in injury. There is various liability of torts which includes
negligence, strict liability and the international torts.

This is seen that necessity for the negligence case is considered to be tried in the court of law.
This is seen that damage is considered to be the gist of a negligence action. Hence this is
required that for the purpose of making it actionable the law requires that plaintiff and claimant
must suffer actual loss or damage for the action of negligence that is one by them. There must be
a duty of care and the defendant owes the plaintiff (Quinlan, 2018).
This is considered as per the law that damages which include general damages for the emotional
distress there must be the remedy that must be available for the serious invasion of the privacy.
Here this is seen that damages are considered to be the prime remedy if these are done by the
respondent and duty of care is not done by the respondent in the best possible manner. This is
seen that there are four types of award that are considered for the damage which includes,
nominal damages, compensatory damages, aggravated damages and the exemplary or the
punitive damages. Hence if the damage is caused due to the breach of duty of care then it is
liability of the respondent to pay the amount.
Application
In this given case this is seen that law of torts apply where the company has the legal duty to take
care while in the process of making the medicine. This is seen that due to lack of duty of care of
the company one of the people named Alice got injured and met with an accident and hence she
claimed for the damages that have been caused through this. Here this is seen that the company
would be liable to pay the damage to Alice while on the other hand the company would not be
liable to pay the damage to Dan as this was seen that he took the medicine after the advisory
being specified and he had the information about the wrong with the damage (Taylor & Elphick,
2019). While Bob cannot claim for the damage to the company and the company is not liable for
him as this was not considered to be the duty to take care of the company.
Conclusion
Hence this is seen that the law of torts is considered to be one of the most important law that
helps in achieving the objective of defining the duty of care of different personals (Lunney,
2019). It is seen that in the given case the company is liable to pay the amount to only Alice and
not to other people that are related to the case as the liability for the damage does not exist here.

Reference
 Gerard, A., Gainsford, A., & Bailey, K. (2018). Embedding Indigenous cultural
competence in a Bachelor of Laws at the Centre for Law and Justice, Charles Sturt
University: A case study. In The Future of Australian Legal Education Conference
2017 (pp. 323-341). Thomson Reuters (Professional).
 Lunney, M. (2019). Innovation in the shadows of deference: Urban environment and the
law of tort in Australia, 1901-1945. law&history, 6, 1.
 Mackie, T. (2018). Proving liability for highly and fully automated vehicle accidents in
Australia. Computer Law & Security Review, 34(6), 1314-1332.
 Quinlan, M. (2018). Tradition, Christianity and the law in contemporary Australia. News
Weekly, (3022), 14.
 Taylor, A., & Elphick, L. (2019). Discrimination Law and the Language of Torts in the
UK Supreme Court. Available at SSRN 3402216.