Aspects of a Business Contract

Task 4: Case studies

4.1 Apply the elements of the tort of negligence and defenses in the given business situation

There are many tools of negligence which means that a neglected party proves the supplementary four variables through a dominance of the proof:

·         The litigant party because of his duty to the affronted party or on the responsibility to the general people, joining the affronted party.

·         In that obligation the litigant’s duty is obligatory.

·         The affronted party can bored damaged because of the defendant’s defilement of the duty.

·         In this case the injury is a subject to get his loss right as described in the negligence law.

a.       When can the hospital be held responsible for negligence

Mr. Brown been suffered [death] for the negligence of the employee of the hospital and they will liable for this. The hospital should duty to owe to Mr. Brown as he died for their negligence. This kind of law arises for the contract between defendants and the plaintiffs. It was a duty to the doctor at first they should go for a checkup and then they should take next initiative but they at first give him high power pain killer which caused him death. On other hand Mr. Brown’s wife should prove that he died due to negligence of the hospital, it is the traditional rules of the negligence. In this rule the actual responsible person can be find out.

b.      When can the hospital not be held responsible for the negligence

If the hospital didn’t know that there was a toxic mold in patient house which caused him death then they cannot say guilt. Here the cause is if Mr. Brown was died for negligence then the hospital will responsible for this and if not they will have no responsibility.

4.2 Apply the elements of various liability in given business situation

 In this case the scenario was the driver was injured at the time of the clock so the chauffeur Company is responsible here for the injury of the driver. It can also said that the injury was occurred by an activity for the driver hired for perform the work. And the executive of the Chauffeur Company take the benefit of the accident in the some way through the activity of the driver when the accident occurs. He was on the duty there and waiting for pick up a client of the company.

In the 2^nd scenario a super market is not responsible for the injury of a colleague. The responsibility for the colleague’s health and safety was transferred to another company. And they were working as an independent contractor. Independent contractor refers a person who works for another person to perform a task under an express or implied agreement which is not subject to the control of others, or no access to control, over manner and means of the subject of the contract. In this case super market is not responsible rather the other company is responsible for the health and safety of the colleagues because they transferred it to them.