Legal Environment and Business Decisions Essay Example | Topics and Well Written Essays - 3000 words

Legal Environment and Business Decisions - Essay ExampleThe Law of tort is utilise to punish people mishandling their rights carelessly or deliberately. The 14th century French word Tortum translating to twisted is the base of the legal word tort (Smellie, 2002). Negligence is an unknowledgeable irresponsible act considered as a desecrate of legal duty which whatever rational person would not do under normal circumstance. some(prenominal) breach of duty which harmed the victim due to defendants fault can fetch the victim proper compensation for the injury or molest caused, under the omission of tort law (Winfield, 2006). fit in to the Law of Tort, the prima facie case requirements for the victim to file a case are as follows 1. As strong evidence for breach in duty of care 2. Proof that the plaintiffs damage is caused in connection to the defendants negligence 3. Proof that the foreseeable nature of the harm or damage was ignored by the defendant due to their negligence (Cook e, 2005). Analysis There are quintuplet important elements of consideration in this case. (1) Did the defendant Michael owe Anna duty of care? (2) If so, how did Michael breach his duty of care? (3) What damages have Anna suffered due to his Negligence? (4) room for contri exactlyory negligence and voluntary assumption of risk in the case (5) Sort of compensation Anna is seeking and the chances for reduction Anna will be compensated totally if the first three elements are proved to the satisfaction of the court. Tort law will provide the required remedy as compensation to the plaintiff base on the next two elements. The compensation may be of any form ranging from injunction to monetary rewards (Harowood, 2003, p.5). Duty of Care A person shall be subjected to trial if they fail to fulfill their Duty of care. Donoghue v Stevenson case, states Michael was supposed to help Anna according to the Neighbor principle in a vulnerable land site. Michael did so, but was not able to fulf ill his Duty of Care completely as he did not foresee an accident. Breach in Duty of Care Michael was drunkard and had difficulty in driving when Anna approached him for lift. He twistinged to help Anna considering her risky situation. But did not take enough care to drive safely. The defendant did and did not offer reasonable care in this case. Reasonable care when dealing with others is the most emphasized point in duty of care. Each case has a distinguishable level of reasonable care in accordance with the people and the situation dealt. The tort law determines what is reasonable care based on the explicit situation defined in each case (Atiyah, 1972). Annas Damages Anna suffered severe somatogenic injuries along with Michael when the vehicle slipped off. She suffered monetary losses due to absence from work. The physical pain and monetary loss caused her great mental agony leaving her in a state of depression. Can Michael be held responsible for Annas loses? According to Ann a, Michael was committing a legally wrong act by driving drunk. His decision to take Anna along with him when he himself had difficulty driving safely was a breach in duty of care. Contributory Negligence Anna noticed Michael smelled strongly of alcohol before parching on his vehicle. Since it was raining, late night and the plaintiff did not see any other means of transport