University of Suffolk Business Law and Ethics Report: Samantha's Case

This report provides a comprehensive analysis of business law and ethics, specifically focusing on the legal concept of tort and negligence. It examines a case scenario involving Samantha, who was injured at a local bank due to a hazardous condition. The report delves into the definition of tort, highlighting its various aspects such as negligence, duty of care, and causation. It explores the liability of the bank in relation to Samantha's injuries, considering the bank's negligence in maintaining a safe environment. Furthermore, the report discusses the legal remedies available to Samantha, including damages and injunctions, while referencing relevant legal principles and case examples. The conclusion emphasizes the importance of legal obligations and regulations for individuals and organizations, highlighting the significance of business law in resolving disputes and ensuring lawful operations.

Business law and
ethics

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Law is termed as a set of rules or a rule that are being enforced by courts or regulating state
government that are subjected to abide by individuals and organisations as to perform their
activities as well as functions in proper legal status (Singer and Ron, 2020). It is essential for
organisations and individuals to abide these codes of conduct that are being developed by
government and are applied over a society or a certain territory in order to further take legal aid
and support within their business operations and structure. Business law mainly include law that
direct business organisation to run and form. It involves laws that direct them towards how to
start, manage, buy sell or close business in a legal way. Implementation of all the essential
regulation as well as legal laws individual and organisation can effectively able to operate their
functioning. Present report include tort of negligence and Samantha case scenario, she got
injured while leaving bank. Along with this in the report formative discussions has been made on
duty of care and definition of tort.
TASK 1
Doctrine of tort
This has been evaluated that in the present case scenario of Samantha, she got injured herself
after leaving a local bank, as it has been identified that while she was taking her departure from
bank she found herself trapped and fell down from stairs because of a carpet which had come her
way. This further lead towards causing many injuries that Samantha got like she broke her wrist
wounded her nails (Machin, Williams and Corfield, 2020). However after the incident she
received a mail from her friend in which her friend provided social media links of bank account
that include complaints of number of clients who were claiming similar or same form of injuries
that has been suffered by Samantha. By analysing the social media links Samantha found out that
there were number of bank clients who have complaint the same form of incident in bank
premises. Thus, it has been identified that it raised a question in terms with tort that states that
bank is guilty for number of accident that has been faced by bank clients.
Further it has been evaluated that in UK common law of tort is define as a wrong or act
which is unfair and further lead towards causing harm of laws to someone in different type of
aspects. Along with this has been identified that this law states causing harm to law to someone
in diverse aspects. It raises liability towards individual who have knowingly committed tortuous
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act. In simple terms tort is wrong that further lead towards causing suffer or harm to individual
and further resulted in legal liability for a person who committed this act. In addition to this, it
has been determined that tort is wrong that duly create number of situation within which an
individual got suffered in different manner and found themselves in financial losses, emotional
distress, invasion of privacy, negligence, injuries and many more. In order to effectively protect
individual interest this law has been enforced by government. Along with this it has been
identified that this law include different form of expectation that protect individual rights if they
got suffered in the ways like:
 Personal harm
 Harm to property
 Harm to reputation
 Harm to financial interests
 Harm to the due process of law
It has been evaluated that number of parties like employees, individual, independent
contractors, employer’s, companies, Crown etc caught and found themselves to be in law of tort
act. Further this has been evaluated that tort is determined wrong if it include certain aspects
such as:
Negligence-
In this, event that is mainly get causes because of lack of reasonable care is included.
However, in this it is important to make sure that there must be a particular form of situation as
to duly treat significant situations under category of negligence (Surdam, 2020). In addition to
this, it basically covers circumstances that are defined below:
The negligent party was under a duty of care to the victim-
In this event defendant hold the accountability towards claimant in with duty of care.
Such duty was breached-
This basically includes certain form of circumstances within which breach of duty gets
duly breached due to negligence. In addition to this, it mainly provide certain form of
transparency that further lead towards offering benefit to determine group within which a person
is supposed to put.
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Causation which means negligence leading to injury or loss-
It mainly states as breach which is mainly get caused because of negligence and further
have significant capability to cause loss or damage in certain form. Further this has been
evaluated that in this claimant is duly required to showcase damage in the form of individual
injury on carelessness account
Damage or injury occurred-
According to this scenario this has been evaluated that it is essential to posses certain
form of injury or any set of loss and further required to associated with any type of distress in
from of emotional damage, mental personal loss, embracement of physical or financial loss.
This is being determined that with the assistance of significant types of remedies an
individual effectively seeks towards undertaking claim for loss or damage that caused them harm
(Cowgill and Dell’Acqua, 2020). Further it has been evaluated that some type of legal remedies
is being mentioned below that a claimant can seek.
Damages:
This is mainly determined as a scenario, within which it has been evaluated that
compensatory among is offered in context with certain form of monetary value with an aim to
cover losses significantly. In addition to this, it has been identified that it get duly categories in
number of ways which is defined below:
Nominal-
Nominal is identified as amount that are duly being offered within which claimant did not
undergone through any types of losses.
Contemptuous-
This is mainly evaluated as damage that basically exists for a change within which
claimant is duly successful, via court consider case without any kind of compensations (Goel and
Misra, 2020). Further it has been evaluated that it include negligible or small form of value
which is mainly prevails in terms as money that are being offered as a form of damages.
Non-Pecuniary-
It is identified as an aspect within which compensation is being provided for damage
which is mainly in the nature of non economic. In addition to this, it also involves wide range of
elements that are mental distress, emotional distress or pain.
Pecuniary-
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Pecuniary damage is identified as an aspect which is related to particular form of action
that has been undertaken by a party or individual as to provide actual loss which is encountered.
Aggravated damages-
This form of situation is determined, within which court under take decision in context
with incident that was duly conducted that having cruel intention as to raise issues on claimant
moral standards.
Punitive damage-
This is mainly associated to embarrassment of any kind of damage that further get paid to
a claimant in relation with certain form of serious problem.
Injunctions-
It is a situation within which a court orders to restrict party or a person to initiate activities
or action (Chow and Schoenbaum, 2020). Along with this it has been evaluated that it is
basically termed as a state in which court is processing power to lay down order along with
damages against anybody.
According to the evaluation it has been evaluated that there are some certain type of aspects
that basically exist in law of tort that are conservative carelessness and vivid legal responsibility.
According to present scenario this has been identified that defence that is threatening is agreed to
be casual carelessness, as it has been determined that local bank showed their negligence in
context towards carpet which was placed in a wrong direction. Along with this it has been
evaluated that wrong adjustment of carpet lea towards injuries faced by number of bank clients
and there were no sort of actions that were undertaken. Thus, due to negligence which is one of
the most important aspect in law of tort this has been identified that local bank knowingly
neglected correct adjustment of carpet that lead towards Samantha to fell down and faced
number of injuries. Thus, Samantha is having chances to get action towards bank and seek
damages for the incident which has been faced by her. Further it has been identified that it is
most important responsibility of local bank to ensure after the first incident that was faced by
client to properly adjust carpet in a right direction as to make sure that no one get further injured.
However bank neglected their part despite of having proper knowledge of their mistake. After
identifying the whole scenario it has been identified that with having full capacity Samantha can
sue local bank to court and can further take damages for her injuries.
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CONCLUSION
According to the report this has been concluded that law is most important aspect for any
individual or organisation that directs their functions and operations in a lawful manner. Along
with this it also facilitate certain form of aid through which they can effectively conduct their
activities in a well defined and effective manner. Business law proves to be key essential factor
that allows business organisations to gain different type of legal solution and remedies to
overcome disputes as well as conflicts. However non-compliance of law can affect individual
and organisation in adverse manner and they may find themselves in a various legal
consequences. With having effective understanding of all the essential legal obligations and
regulations both organisation and individual can execute their operations in a lawfully way and
can further claim for damages with legal method.
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REFERENCES
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Chow, D.C. and Schoenbaum, T.J., 2020. International business transactions: problems, cases,
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Iñiguez, S., 2020. Ethics: Adela Cortina/Inés Temple. In In an Ideal Business (pp. 135-149).
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