Wednesday, February 5, 2020

Business law Essay Example | Topics and Well Written Essays - 1250 words - 3

Business law - Essay Example In well known case Donogue VS Stevenson * the Court decided that the manufacturer is liable for the act done because everybody owes a duty of reasonable care to their neighbour.In this case Mrs. Donogue made a valid claim that her continuous illness is due to the consumption of drink in which the decomposed snail was found and it was due to the negligence of manufacturer Mr. Stevenson. Now let’s discuss how the above said principles are applicable to the given cases and also we‘ll advise the parties to the case that how can they resort to these principles to get the benefit of the Law. Since the maintaining the activities of the park in a proper manner are the first and foremost duty of the local council as the maintainer of the park, it owes some duty towards others. The local council must take reasonable standard of care regarding the activities of the park so that it should not cause any harm to the passersby. In the famous case Boulton VS Stone** it was held that defendant should take reasonable care to avoid injuries. here also. The gardner had to take reasonable care in arranging the flower pot in the right side of the path so that harm to the others should be avoided .Here it is obvious that the gardner has done the breach of duty by arranging the pots in the wrong side, hence Mrs.Marple can file a case against the gardner as defendant and entitled to get compensation from him for the injury caused to her. It is apparent from above discussions that Mrs. Turtle can sue the Local council and the doctor as defendants and they are liable to pay off the damages. As said before the local council had to exercise due cares regarding the maintenance of those play amenities in the park as same way in the activities of the park. Mrs. Turtle can sue the doctor as there was a breach of duty on the part of doctor. If he attended Gemma in appropriate manner,

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.