Search

Introduction to Law

Law is a set of rules and regulations which are the essential part of the legal system of the society. It is the set of the systematic rules and regulations which are designed for the effective and systematic learning of the societal people.  Law has different  and varied parts which can be characterised as business law, commercial law and criminal law (Chen, 2011). Commercial law is a significant part of law which can be defined in the terms of business law or corporate law. It is that form of law which  applies to rights , relations and conduct of person or persons who are engaged in the business that are engaged and occupied in merchandising and trading of sale of goods or any other transaction. In this report , various aspects of commercial law has been introduced and illustrated.

SUPER SAVINGS On All Writing Services UPTO 50% OFF
PLUS GET AN EXTRA 5% OFF ON ORDER ON APP

1.Concept of Liability in tort of negligence with respect to the given case

Commercial and corporate law is the type of law which has been described in the sense of trading, merchandising  and sale of goods and services between persons of contract. It deals with the rights and liabilities in aspect of the persons who are engaged in the perspective of the commerce and other trade and services (Fombad, 2013). In other words, it can be said that it is often considered as the part of  civil law which deals in both public and private law. Relationship between agent and principal has also been illustrated in the civil law. In this aspect it can also be said that various forms of contracts related to corporates, hiring practices and production and distribution of sale of goods and services are also included in the context of the commercial law. In other words it can be said that  commercial law can be defined as the statutory law which deals and governs the commercial and business law (Rubin, 2011).

In this prospect, there is a concept related to the liability in tort of negligence, which is related to the negligence and carelessness of one party to the contract for another party. Tort law is one of the variable in the commercial law for the time being in force. Tort law is  a civil wrong committed by one person and for which the other innocent party is liable to demand for the damages (Halla, 2010). In this regard,  there is a distinction between a tort and a evildoing, respectively. Negligence is considered as the part of the Tort law which can be circumscribed as a concept in which one party or person to the contract owes another person a duty of care. It is also defined as a term  in which one party fails to perform the the task which would have been performed by him in the reasonable manner, failure of which would lead to the payment of damages by defendant party for any damages, injuries or loss caused  to the innocent one. In accordance with the decided case law of McCANN & ORS v. SWITZERLAND INSURANCE AUSTRALIA LIMITED & ORS (S229/1999), it was  held that there are appellants were entitled to claim the damages from the defendants. In negligence, plaintiff can claim indemnity from defendant in case of any loss or damage caused on defendant's part.

In this context, it can also be considered that there are several legal rules and principles relating to the idea of   Negligence. These can be illustrated as follows:

In order to demand for the compensation from the litigant party, the plaintiff is required to satisfy the three conditions which can be demonstrated as follows:

  • To prove that defendant has a duty of care owed to plaintiff in any course of transaction. Litigant has a reasonable  duty of care  for the plaintiff at the time on which the negligence has been occurred by him (Law and Long,  2012).
  • Duty of care that has been owed, has breached by an act of defendant. In another words, defendant has ruptured the duty of care on plaintiff. It was a failure on the part of him to assure the reasonable and required set standard of care.
  • That breach of duty by defendant has caused damages and personal injuries to injured party. Also, the damage that has been caused was not too remote.

In the aspect of the the term negligence,  case of Donoghue v Stevenson [1932] AC 562  House of Lords,  has set as a landmark case. It also illustrates that the manufacturer is held liable for the damages that has been caused to Mrs Donoghue.

In accordance with the provisions of Civil Liability Act, 2002, There are certain other principles relating to the negligence  which are explained a


app

Download App

Avail the Best Assignment Writing Services in Just One Tap!

Get the App Today!

iphone android
QRcode