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Business Law - Essay Example

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Section A 1. a) The passenger being a consumer is covered under Consumer Protection Act 1987, UK, Road Traffic Act, 1988, UK and Insurance Act (legislation.gov.uk). The transport company is a service provider who is bound by the rules and regulations stipulated by the authorities and the law of the land…
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Download file to see previous pages F12A (Meaning of dangerous driving) further states ‘For the purposes of sections 1 and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if) — (a) the way he drives falls far below what would be expected of a competent and careful driver, and (b) it would be obvious to a competent and careful driver that driving in that way would be dangerous’ (legislation.gov.uk). Moreover, section 131A (Compensation in respect of suspension) of the Road Traffic Act (1988) states ‘The Secretary of State must by regulations make a scheme for the making of payments by the Secretary of State to persons’ (legislation.gov.uk). He is offering service for a cost to prospective clients which is a contract implied and this comes under the purview of Consumer Protection Act. The Transport Company has the obligation of taking care of the passenger safety. Persons driving any type of vehicle are to have to be insured under Road Traffic Act 1988, UK (legislation.gov.uk). Though the driver applied brakes to avoid hitting a lorry, it was the duty of the driver to notice the lorry well in advance and bring the vehicle under control, which could have averted applying brakes instantly. The passengers can make their claim against the driver’s insurance company. ...
The passengers also have their responsibility of not violating the instructions during a journey and insist that the children should be restrained to the seats with adequate safety measures (Williams and Zador: 69). This can be applied here also. 1. b) 17 Hastings L.J. 165 (1965-1966) Enterprise Liability: Some Exploratory Comments; Steffen, Roscoe opines that the action of the employer is responsible for the employee action or the product. The proof of a defective service provided by any service provider to the consumer, is sufficient to claim compensation. Hence, in this case the Lancung Transport shall also become liable for the action of the driver. According to the ‘Owner Liability’ Law this can be grouped under ‘vicarious liability (hse.gov.uk). Annex to Paper HSC/04/131 of the Health and Safety Executive UK, part 13, states ‘ In summary, the Health and Safety Commission has not therefore achieved aim of denying all third parties the right to bring civil claims for a breach of duty imposed by health and safety regulations. Further, and for the reasons out below, employers could be vicariously liable to third parties for an employee’s breach of statutory duty under regulation 14’ (hse.gov.uk). The Transport company can be held liable for the action of the driver, who is an employee working for the principal. The company or the employer is liable for the mistakes committed by its employees. The company can be held responsible either jointly or severally for the negligent act of the employee who is on their employment chart, under the doctrine of "respondeat superior" (Larson). As per this doctrine, an employer shall become responsible for the actions of the employee within the purview of their ...Download file to see next pagesRead More
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