Business Law - Questions - Assignment Example

The defendant informed the service provider that he was in no need of his services any longer and even rejected to compensate on 11th May. The service provider sued the defendant for breach of contract on 22nd May and the starting date of the contract was due on 1st June. The court ruled the decision in favouring the claimant as the defendant has breached the contract (Andrews, 2011, p.486). In case of tort law, a person is held responsible or is held accountable if he fails to exercise the duty of care in his operations.

This means that a person is said to be tort liable if he has failed to rectify any foreseeable errors in his/her offerings. For example: In Willsher v Essex Area Health Authority case, an inexperienced doctor gave extra oxygen to a baby that was born prematurely, due to this, the baby lost one of his eye, the court held the doctor liable because the inexperienced doctor had to operate with same amount of care as an experienced doctor (Tuitt, 2004, p.44). In tort cases, negligence holds great importance, if an individual wants to press charges against another individual, he should be able to prove that the individual was involved in conducting negligence.

To succeed in a case of negligence, the person making the claim has to prove the defendant had a duty of care towards the person making the claim. . Lastly, the person making the claim has to prove that due to the defendant’s negligence towards duty of care, the claimant experienced a loss. The claimant can only win the case only if he is able to prove that the loss was experienced due to defendant’s breach of duty and the loss could have been avoided if the defendant would have taken necessary actions.

For example, in the case of Donoghue v Stevenson, Stevenson being the defendant was held responsible because of his negligence to carry out the duty of care, the person who made the claim, Mrs Donoghue, experienced health issues after drinking bottle of beer manufactured by the defendant and the decision even stated that the manufacturers duty is towards the ultimate consumer, thus, the ultimate consumer experienced loss and the manufacturer was considered responsible (Cooke, 2001, p.35). A business or an individual is said to be vicariously liable if he/she has a relationship according to law with the person or business that has acted negligently and has caused harm.

Such kinds of legal relationships include: relationship between and worker and the employer. Negligence included in vicarious liability is referred to as imputed negligence, one theory of liability pertaining to this kind of negligence is respondent superior, according to respondent superior employer is held responsible or liable for the acts of his/her employee as there is a relationship between the worker and the employer of agent and principle. This relationship refers to the relationship that states that an employee is acting on behalf of the employer and the employer will be held responsible if the employee