Business Law and Ethics Report: Samantha's Negligence Case Analysis

This report provides a comprehensive analysis of a business law case concerning negligence and ethics, specifically focusing on a scenario involving Samantha who suffered injuries due to a bank's negligence. The report begins with an introduction to business law and the concept of torts, inclu...Read More

Business Low and
Ethics

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
CONCLUSION................................................................................................................................4
REFERENCES................................................................................................................................5

INTRODUCTION
Law is defining as rules as well as regulation that are being enforced by legislative bodies of
a country in order to regulate organisations and individuals function and activities. There are
number of statues that are applicable on organisations which further provide them legal aid as
well as support to their structure and operation (Ciulla, 2020). Business law is basically defined
as broad area of law in which different type of laws and topics are involved, it include all the
essential laws that direct an organisation and their business functions effectively. By abiding all
the essential legal laws and regulations entity can operate their functions in a lawful manner. In
this report formative discussion has been made on tort of negligence that involve case scenario of
Samantha who subsequently injured herself while leaving bank. In addition to this report include
tort definition and duty of care.
TASK 1
Doctrine of tort
In present case of Samantha, it has been evaluated she went to a local bank, Extortionate
Plc as to get inquiry in context to loan that are required by her to initiate a new start-up. In this, it
has been evaluated that when Samantha was departure from bank she tripped and fell down from
stairs because of the carpet that had come in her way at the sides. It made her fell down from
which she got many injuries like, she broke her wrist and wounded her nails. Further it has been
evaluated that, after her accident she got mail from one of her friend in which there were social
media link of bank accounts in which number of clients were claiming similar kind of injuries.
Further it has been evaluated that, Samantha after receiving mail from friend visited those sites
and found out number of individuals or bank client has suffered from same type of incident in
the premises of bank (Surdam, 2020). Thus, this raised question in context with tort in which
bank found out to be guilty for the incidents faced by client.
In United Kingdom common law of tort is determined as in wrong or act which is unfair
and further lea towards causing harm of laws to someone in different type of aspects. It further
lead towards, rising liability for individual who have committed tortuous act. In addition to this it
has been evaluated that tort is defined as a wrong that develop different situation in which a
person get suffered from any form of damages for which they have claimed for same (Ozgen and
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Esiyok, 2020). This law has been duly enforced by government as to save guard interest of
individual. It has been evaluated that there are wide range of expectation that does get included
in this law in order to protect them, there are some certain interest involved in tort law is defined
below:
 Harm to reputation
 Harm to the due process of law
 Harm to property
 Personal harm
 Harm to financial interests
This has been identified that different type of parties found themselves caught in legal
action under law of tort act, for example independent contractors, employees, companies, the
Crown, individual, employer’s etc (Agwu, 2020). It has been identified that tort is regarded as
wrong if certain form of elements is included in this:
Negligence-It has been evaluated that, this form of event mainly under the place due to
lack of reasonable care. Within this it is essential to ensure that there must be certain type of
condition in order to treat a situation in negligence category (Argandoña, 2020). This really
fulfils significant types of circumstances that are further mentioned 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-
It involves circumstances in which, a breach in the duty of care must be breached because
of negligence (Giannouli, 2020). This can further be evaluated with the assistance of application
of test of a practical man in order to further analyse that duty get breached in authentic way of
not. Further this has been evaluated it duly offers a transparency that later benefit in determining
group in which an individual is going to be put.
Causation which means negligence leading to injury or loss-
Breach due to negligence is mainly having capacity to cause certain form of damage or
loss to a person along with this it is essential for a claimant to show loss damage personal injury
on negligence account
Damage or injury occurred-
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In this condition it is important to have some sort of actual loss as well as injury that
further essential to be linked with emotional distress damage to property and embracement
financial loss physical or mental personal loss.
It has been identified that by undertaking use of certain form of remedies person can lead
towards seeking claim for damage or loss which he or she have suffered. Certain form of legal
remedies is further being defined below that are mainly available for claimant.
Damages: It is mainly defined as a condition in which a compensatory amount is being
provided in terms of monetary form of value as to effectively cover losses (Ozgen and Esiyok,
2020). Further it has been evaluated that it gets categories into number of types that are further
being evaluated below:
Nominal- It is defined as an amount which is being provided in which victim does not go
through any form of losses.
Contemptuous- It is determined as a damage that duly comes into existence for a case in
which applicant is successful, though the court considers the case to be without any form of
reimbursement. In this, a small or negligible value in terms of money is being provided as a
figure of damages.
Non-Pecuniary- In this case, non-pecuniary form of damage is being offered in which
compensations is offered for a form of damage which is non economic in nature. It further
includes different form of aspects that are emotional distress, mental distress or pain.
Pecuniary- In this, it has been determined that pecuniary kind of damage is being
defined as an element of certain course of actions that are being duly undertaken in a lieu to offer
actual loss that has been encountered.
Aggravated damages- In this types it has been identified that, the court take due
decision related to the incident was get executed with cruel intentions in order to hoist issue on
the moral fibre of applicant.
Punitive damage- It is mainly related to imbursement of damage that get duly paid to
applicant in context with a form of severe issue.
Injunctions- This is defined as a situation, in which court duly give an order as to restrict a
person or party to conduct actions (Argandoña, 2020). In addition to this, it is mainly defined as
a state that court is having power in order to effectively lay down order in addition with damages
in opposition to any party.
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Certain forms of defences that are mainly prevailing in law of tort are vivid legal
responsibility and causative carelessness (Saat, Jamal and Azman, 2020). In context with present
given scenario that, the defence which is pertinent is agreed to be contributory carelessness, as in
this it has been evaluated that the bank was found to be neglectful in relation to the carpet right
adjustment. However it has been identified that same types of incidents took place with different
types of bank clients, in this cases there were no actions were undertaken place. In this it has
been evaluated that Samantha can get actions to take bank to court in order to ask for damages as
this been identified that this incident in which Samantha fell down from stairs due to bank
negligence. As it has been analysed that, it is the responsibility for bank to make sure that they
keep carpet in right direction as to further ensure that no one get injured but however this is not
being undertaken by on the part of bank (Bhambri, 2020). Along with this, this has been
acknowledged that despite of knowing their mistake bank did not correct it. Thus, according to
the evaluation it has been determined that Samantha is having full capacity to sue bank to court
in order to claim for further damages that she got from felling down from stairs and get severely
injured.
CONCLUSION
As per the above mentioned report it has been concluded that, law acts as key essential
element that effectively govern individual and organisation to conduct their function and
activities in lawful manner within a country. In addition to this it provide effective direction
through which entity and individuals can perform their operations as per legal manner and can
ensure effective outcomes. In this it has been evaluated that non-compliance of law can lead
entity to face number of legal consequences and can affect their business functioning. There is
wide range of legal remedies and solution through which disputes and conflicts can be overcome
with efficient outcomes that provides legal aid to an individual. Along with this it has been
evaluated that proper understanding of legal applications allow individual to claim for their
damages in legal manner.
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REFERENCES
Books and Journals
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moral reasoning. Routledge.
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Academic Performance on the Ethical Perceptions of Accounting Students Who Have
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Surdam, D.G., 2020. Business Ethics from the 19th Century to Today. Springer Books.
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Teaching And Learning Tools For Business Ethics. International Journal Of Technical
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Saat, M.M., Jamal, N.M. and Azman, S., 2020. Ethics and Sustainability During Challenging
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Argandoña, A., 2020. Ethics and Digital Innovation in Finance. Handbook on Ethics in Finance,
pp.1-22.
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Principle of Double-Effect. Journal of Religion and Business Ethics, 4(1), p.11.
Surdam, D.G., 2020. Business Ethics from Antiquity to the 19th Century. Springer Books.
Ozgen, O. and Esiyok, E., 2020. Consumer ethics, materialism and material satisfaction: A study
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Agwu, M.E., 2020. Impact of business ethics on Nigerian financial institutions. International
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Giannouli, V., 2020. Business Ethics in Healthcare: The Case of Greece. In Examining Ethics
and Intercultural Interactions in International Relations (pp. 138-167). IGI Global.
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