Business Law Case Study

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Homework Assignment
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This assignment presents two case studies related to business law. The first case involves an art gallery owner, Asad, who faces a threat from a customer, Poppy, and also experiences damage to his gallery due to a faulty sign from Lovely Lighting Ltd. The analysis explores Asad's potential liabilities and the legal recourse available to him, focusing on contractual liability and consumer protection laws. The second case involves Jasmine, a hemophiliac cyclist injured by a bus driver, Joe, due to his negligence. The analysis examines Jasmine's potential tortious claims against Joe, emphasizing negligence and the potential for compensation for her injuries and damages. The solutions delve into relevant legal principles and precedents to determine liability and potential compensation in both scenarios.
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BUSINESS LAW
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Answer 1:
Issue- The issue in this situation was that the owner of the art gallery was threatened by one of
the visitor i.e. Poppy as she wanted to purchase the painting but according to the owner the
painting was not for sale and Poopy threatened the owner that she would sue him if he does not
sell that painting. Further, the another was that Asad who was the owner of the art gallery
purchased the window lighting from the Lovely Lighting Ltd. and he wanted to purchase a sign
which contains the name of the gallery i.e. ‘Artybarti' with the flashing red light. He signed the
agreement without reading it, and as a result, the spelling was incorrect on the sign and further
when it was lighted it caught fire and damaged the paintings which were kept in the art gallery.
Moreover, it was written in the agreement that the Lovely Lighting Ltd. would not accept any
liability once the goods are supplied.
Law- According to the law, the contractual liability safeguards the insured from the event where
the loss occurs, and it is being assumed that he is implied under the written agreement or contract
(August et al., 2009). Despite it was written in the agreement that the Lovely Lighting Ltd. will
not be liable to any damage which is caused by the goods after they are delivered, the contractual
liability will help Asad in order to claim against the company to recover the damage (Barnard, C.
2012). Further, Asad can claim the contractual liability insurance against the company in order to
make it liable. The sign was not safe to use as the window lighting, and it caught fire and
damaged the painting and other things in the art gallery.
The company is liable because it is the responsibility of the insured if the property gets damaged
because of the fire. And Asad can recover his money from the company. According to the
consumer protection act, the consumers are legally safeguarded against damage and injury which
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are caused by defective goods. In this case, Asad can use this act in order to claim against the
company as they delivered defective sign because when it was lighted, it caught fire and
moreover there was a spelling mistake in the sign. Asad can seek money as the compensation
because as per the law the supplier, distributors, manufacturers cannot sell damage products and
services to the consumers and if they fail to provide appropriate and safe products, then they will
be liable to the criminal action (Ben-Shahar, O. 2004). As per the law, the person whose products
are damaged due to any of the reason can claim against the supplier whether the product is
purchased or borrowed for some time (Wilcox, K. C., & Youngsmith, D. M. 2015).
Therefore, Asad can claim the contractual liability insurance in order to claim the company and
get compensated for the damage which was caused because of the defective products.
Asad’s potential liability to Poppy is that he should not be afraid of the threatening as Poppy
cannot sue him because he was not selling his painting as it was not for the sale purpose. The
idea of sue is illegal in this case as Poppy doesn’t have any right and evidence as per the law in
order to threaten to sue the owner of the art gallery because he was not selling the painting
(Lareau et al., 2015). Asad should not take Poppy seriously as he has not done anything wrong
and if in case she will file lawsuit against him then he will be having more chances to claim her
and make her liable as the painting was not for sale, and there were various other paintings in the
gallery which she could have purchased and instead all those paintings she wanted the one which
was not for sale. If the Poppy sues the owner of the art gallery, then she will hold liable.
Answer 2:
Issue- The issue in the situation was that Jasmine was crossing the street on her bicycle and the
bus driver Joe after overtaking her stopped their in order to take the passengers and when the
Jasmine was crossing the road the bus was pulled without showing any signal, and as a result
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Jasmine was injured badly because of her condition (a hemophiliac) she was unconscious and
suffered blood loss. The bicycle and the smart phone of her were not in a condition to using after
the accident. Further, Jasmine can put tortious claims against Joe as he caused injuries to her.
Law- A tort is a breach which is committed against the person, and the injured person can sue
for the injuries and damages (Ferrara et al., 2016). In this case, the injured person might receive
compensation by representing the lawyer for the personal injury to recover from the damages
against the other. Then the court will decide that the person is legally liable for the injury or not.
In this case, Jasmine can use the representative for the personal injury and can also use her
medical condition in order to claim against Joe for her injury and make him liable to pay the
compensation for the accident which was caused because of his negligence as he didn’t show any
indication while pulling the bus and even he was not driving safely. Jasmine can also claim
intentional interference because the accident took place due to his negligence and this shows his
lack of concern and responsibility towards the passerby. Under the claim of negligence (Jerry, R.
H., & Richmond, D. R. 2012), Jasmine has to show her injuries in front of the court in order to
prove that they are being caused by Joe during the accident. Then, the court will decide on the
basis of evidence that the Joe is guilty of his crime and actions or whether he is not guilty.
According to the law, the tortious claim will help Jasmine to get compensated for the accident as
she got badly injured and even her smart phone and bicycle were completely destroyed, and it is
her right to get compensated. Her injuries are the strong evidence which will be used against Joe
in order to make him liable, and this will help Joe to be more responsible towards the passerby
while driving the bus and he should give the indicator while driving. Further, this is the complete
case of tort, and in such type of cases, the victims get compensation which also includes the
monetary judgments. In some cases, the victims who sustain injuries get a judgment on that basis
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regardless of how permanent and painful the injury might be. Sometimes, the court award the
judgment along with the specific injury on the body (Rabin, R. L. 2012).
Therefore, Joe will be liable on the basis of these tortious claims and Jasmine would get
compensated because she was badly injured and she is also a hemophiliac. Moreover, her smart
phone and bicycle were completely damaged because of the negligence of Joe and it is her right
to get compensated for the accident, damage and injuries and also her injuries will work as a
great evidence because the court will use her injuries as a strong evidence against the Joe and on
this basis only it would be decided that how much Joe is responsible towards the passerby while
driving the bus and whether he is liable to drive a bus or not.
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REFERENCES
August, R., Mayer, D., & Bixby, M. (2009). International Business Law: text, cases, and
readings. Pearson education.
Barnard, C. (2012). EU employment law. Oxford University Press.
Ben-Shahar, O. (2004). Contracts Without Consent: Exploring a New Basis for Contractual
Liability. University of Pennsylvania Law Review, 152(6), 1829-1872.
Ferrara, S. D., Baccino, E., Boscolo-Berto, R., Comandè, G., Domenici, R., Hernàndez-Cueto,
C., & Pinchi, V. (2016). International Guidelines on the Methods of Ascertainment of Personal
Injury and Damage Under Civil-Tort Law. In Personal Injury and Damage Ascertainment under
Civil Law (pp. 583-602). Springer International Publishing.
Jerry, R. H., & Richmond, D. R. (2012). Understanding insurance law. LexisNexis.
Lareau, N. P., Larson, L. K., Mook, J. R., Bacon, D. L., Tucker, D. W., VanDeusen, D. R., ... &
Greenbaum, M. (2015). Introduction (Vol. 7). Labor and Employment Law.
Rabin, R. L. (2012). The John G. Fleming Lecture: A Brief History of Accident Law–Tort and
the Administrative State. Tort Law Review, Forthcoming, 20.
Wilcox, K. C., & Youngsmith, D. M. (2015). Overview of Equal Employment Opportunity
Laws. California Employment Law, 2.
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