Nobody downloaded yet

BUSINESS LAW Master - Essay Example

Comments (0) Cite this document
Summary
Negligence is a part f that branch f civil law known as tort law, in other words, negligence is the doing f something which reasonable person would not do or the failure to do something that a reasonable person would do, which inadvertently inflicts harm (Moore,2005,p.20)…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.7% of users find it useful
BUSINESS LAW Master Essay
Read TextPreview

Extract of sample
"BUSINESS LAW Master"

Download file to see previous pages In addition negligence is a legal cause f damage if it directly or contributes to produce such damage, so it is reasonably to say that the loss, injury or damage would not have happened if there is no negligence act.
There are three essentials involved in determining negligence case. Duty f care, Standard f care and sufficient connection in law. A plaintiff must successfully prove that the defend owed all these essential to them, in order to claim legal damage or remedies. If one more f these essential are missing, the claim for negligence will be unsuccessful.
Duty f care means a duty to take reasonable care or exercise reasonable skill. (Latmier, P.2004, p.197). Basically court observes recognized duties f care between professionals and clients, manufacture to consumer, schools to students, employers to employees. Duty f care is the legal requirement that the defendant must stick to a standard f conduct in protection others from unreasonable risk f injury or loss. To be liable for negligence in relation to another person, a person must owe a legal duty f care to that another person, its mean if there is no duty f care owe by the defendant, the plaintiff claim must fail.
There are two types f duty f care, duty f care...
in negligence act (physical injury or damage) and duty f care in negligence advice, according to the case, it can be seen that it is a negligence act f physical injury to plaintiff, as result as this report will be discussing about duty f care in negligence act (physical injury or damage). To prove that the defendant owe a duty f care is by doing the two test that Lord Atkin had established. And those tests are doctrine reasonable foresee ability and proximity. These two fundamental were devised and stated by Lord Atkin when dealing with the Donoghue v Stevenson case in 1932, and called these elements put together, "the neighbor test". Both these two elements are required in establishing a duty f care was owed.

Reasonable foresee ability is whether a reasonable person, in the position f the defendant, have foreseen the like hood f injury to the plaintiff arising out f the defendant's behaviour (Moore, 2005, p.22). From this case that we had seen Mr. Chuck is ordered by his boss to work on a metal frame at manufacture, there is a big chance that the frame which weighing half tone supported by a heavy chain will snap one day and injure the employees who work near the frame, on the other hand the chain breakage is due to the failure f the employer to properly maintain the chain. In addition it does not required the exact nature f the loss or injury been foreseen, just the possibility injury f the same common nature as that suffered.

Latmier (2002, p.204) notes that, the proximity requirement is introduces by the law to limit the test f reasonable foreseeability. Proximity between the defendant and plantiff needs to be established before a duty f care can arise. Proximity is defined as, we the proximity f the injured plaintiff such that the defended ought to have had ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“BUSINESS LAW Master Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
BUSINESS LAW Master Essay Example | Topics and Well Written Essays - 1500 words. Retrieved from https://studentshare.org/law/1528460-business-law-master-essay
(BUSINESS LAW Master Essay Example | Topics and Well Written Essays - 1500 Words)
BUSINESS LAW Master Essay Example | Topics and Well Written Essays - 1500 Words. https://studentshare.org/law/1528460-business-law-master-essay.
“BUSINESS LAW Master Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/law/1528460-business-law-master-essay.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Contract Law Master Essay
Thus, I would tell my French friend that the codified French legal system is different from the English legal system which is a common law system relying on case law or the ratio decidendi of past cases and statutory laws (Owens 2001,p.3). a) A contract is a meeting of minds between two or more parties by which one party makes an offer and the other party accepts the offer.
13 Pages(3250 words)Essay
Introduction to Business Law Master Essay
Despite the ease by which a business firm from the West, for example, may merge with another from the East and undertake investments in the South, however, international business is as bound and regulated by law just as is business conducted within the boundaries of the home country.
2 Pages(500 words)Essay
Property Law Master Essay
Baxtr. The plaintiff bought a haystack from the defendants. The haystack subsequently burned down and he sued the defendants (seller). It was held that the buyer had to bear for the loss and was therefore required to pay the price. This is because the property was passed to him when the contract was made.
8 Pages(2000 words)Essay
Information Law Master Essay
While most of the information remains socially acceptable some of it works to wound the accessing society at large by offending the sensibilities viz. a substantial amount on information befitting the obscenity dimensions is placed on internet. Similarly internet has been used both as an anonymous and identified media to attack and vilify people, states, organizations etc.
4 Pages(1000 words)Essay
International Business Law Master Essay
ng from such delay. In the case of delay lasting more than eight weeks, seller has the right to cancel contract. Receipt of merchandise by the Buyer shall constitute a waiver of any claims for delay. In this case, Porcelain Vases Company of Hong Kong is not liable for the delay (two days) for the loading on board by the carriers.
15 Pages(3750 words)Essay
Medical law Master Essay
Therefore, these are practical situations where, the caregiver is supposed to do something and at the same time is not expected to do something (Johnstone, M., 2005, 227). If this occurs, the physician or the nurse will have to make some choice between the two conflicting options, both of which are equally unsatisfactory.
4 Pages(1000 words)Essay
Company Law Master Essay
Britain was amongst the first nations to develop rules to regulate how companies operate and introduced a company registration scheme in 1844. Company Law has developed over the years both in common law and through various Acts of Parliament, most recently the Companies Act 2006 which is the first major overhaul of company law in the U.K.
8 Pages(2000 words)Essay
Employment Law Master Essay
As per section 230(1) of ERA 1996, an employee is a person who works under a contract of employment. It can be contract of service or apprenticeship both express and implied. If express, it can oral or in writing. The act does not define independent contractor or contract for service.
12 Pages(3000 words)Essay
Constitutional Law Master Essay
Any violation of such provisions is usually called a "coup d'tat", and, as such, is considered evil, and when possible punished. This is supposed to correspond to the definition of constraint. The Constitution of the United Kingdom is uncodified, consisting of both written and unwritten sources.
4 Pages(1000 words)Essay
Corporate law Master Essay
A consequence is that a person at odds with an autocratic government cannot find asylum anywhere. Condemnation against dissidents is harsh. The body is liberated but the mind imprisoned. The crushing power of the majority is its capacity to shun. It tends to inflict compliance, and the citizen abdicates liability for exercising political inquiry adopting majority opinion as his own.
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic BUSINESS LAW Master Essay for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us