Legal Aspects of Business
Griffith College Cork
Faculty of Business
Course: HCB 2/ BABO 2/ BAMO 2
Subject: Legal Aspects of Business
Student No.: 2826955
by
A.J Shittu
18th April 2013
Table of Contents
Introduction
Issue
Law
Application
Conclusion
Introduction
In the brief outlined in the assignment format, Stephen paid for a big burger meal for himself and for his girlfriend Sarah at the Mcdonoghue’s bar/restaurant. Sarah experienced a sharp pain in her mouth after a few bites of her burger and discovered she had bitten a shard glass hidden in the burger, cutting the roof of her mouth badly. She was later rushed to the hospital. In advising Sarah, it is clear that that there is likelihood that she will succeed if she goes to court. Her claim will be based on the tort of negligence, the Duty of care, the Standard of Care, the breach of duty and accidental injury. The liability for accidental injury is governed by the law of negligence which both justifies recovery of compensatory damages in terms of proof of the defendants fault. Negligence is carelessness and to succeed in a negligence action, the plaintiff must generally show that the defendant was at fault. It is regarded as a breach of legal duty to take care which results in damage undesired by the defendant to the plaintiff and in order to succeed, the plaintiff must prove that 1) the defendant owes her a duty of care, 2) that the defendant breached that duty of care and 3) that the breach caused her to suffer damage. Ref: (A) Negligence remains uniquely modern as a cause of action seeking the imposition of liability for injury caused without intent. Ref: (B) John Healy stated that early reference by the common law judges to the necessity to prove the defendant’s fault or blameworthiness in negligence cases was strengthened and given eloquent expression by the celebrated jurist and judge Oliver Wendell Holmes whose treatise
Faculty of Business
Course: HCB 2/ BABO 2/ BAMO 2
Subject: Legal Aspects of Business
Student No.: 2826955
by
A.J Shittu
18th April 2013
Table of Contents
Introduction
Issue
Law
Application
Conclusion
Introduction
In the brief outlined in the assignment format, Stephen paid for a big burger meal for himself and for his girlfriend Sarah at the Mcdonoghue’s bar/restaurant. Sarah experienced a sharp pain in her mouth after a few bites of her burger and discovered she had bitten a shard glass hidden in the burger, cutting the roof of her mouth badly. She was later rushed to the hospital. In advising Sarah, it is clear that that there is likelihood that she will succeed if she goes to court. Her claim will be based on the tort of negligence, the Duty of care, the Standard of Care, the breach of duty and accidental injury. The liability for accidental injury is governed by the law of negligence which both justifies recovery of compensatory damages in terms of proof of the defendants fault. Negligence is carelessness and to succeed in a negligence action, the plaintiff must generally show that the defendant was at fault. It is regarded as a breach of legal duty to take care which results in damage undesired by the defendant to the plaintiff and in order to succeed, the plaintiff must prove that 1) the defendant owes her a duty of care, 2) that the defendant breached that duty of care and 3) that the breach caused her to suffer damage. Ref: (A) Negligence remains uniquely modern as a cause of action seeking the imposition of liability for injury caused without intent. Ref: (B) John Healy stated that early reference by the common law judges to the necessity to prove the defendant’s fault or blameworthiness in negligence cases was strengthened and given eloquent expression by the celebrated jurist and judge Oliver Wendell Holmes whose treatise