Foundations of Business Law

Job 1

Levi Manuel 100102979

Question one particular

What legalities does this scenario raise and what are the possible legal consequences? First legal issue- Was presently there a duty of care?

In this case generally there a number of legal issues and the to start with of these issues is was there an obligation of care? Duty of care, typically, is that the accused who owes a duty of care to all persons who it is moderately foreseeable are affected loss or damage resulting from the defendant's actions. The principle legislation that can define duty of care and what it may well entail is usually Donoghue sixth is v Stevenson [1932] AC 5621. In this circumstance there was an obligation of look after the defendant, who is the bank, to provide towards the plaintiff, who will be the old person, as the defendant was in a position to view that water had enter the building plus the floor was wet. This wet floors would have significantly increased the chance of someone slipping over and causing injury. They can have noted that failure to properly warn customers whom both enter in and keep the building that there was water on the floor and would be sensible foreseeable to lead to either injury of the customer or an employee. And this there is a susceptible relationship between your plaintiff plus the defendant. The plaintiff may have entered your bank in uberrima fides and under an assumed knowledge that in the event that there was a hazard to his yet others health the lender would place some type of signage or warning of the slippery floor as well as to remedy it by mopping up the drinking water. As such having been also reliant on the bank to provide this kind of warning or mop in the water and be sure the surface of the flooring was not hazardous to walk on. Second legal issue- was the work of attention breached?

The second issue this case increases is whether the work of care was breached by the defendant. To establish a breach of duty of care it must be shown which the defendant did not do exactly what a reasonable person would have required for the same...

Bibliography: 1- 2013. COML 1001 - Fundamentals of Business Law Analyze Guide SP2. pp. 42-48.

Gibson, A. Fraser. Deb, 2013. Fundamentals of Organization Law COML 1001. seventh edition education. Sydney: Pearson Australia.


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