Business Law

649 WordsFeb 12, 20133 Pages
Introduction: E&Z Electronics is a retailer which purchases L&G products in bulk and then sells them to customers. Recently a customer, El. Hajji Mohammed bought an L&G washing machine from E&Z electronics who later on suffered legally recognizable damages. The washing machine resulted in not only injuring Mohammed but also causing destructive damages to his home. The issue here is, could the court hold both L&G electronics and E&Z electronics liable for the damages caused to the plaintiff El. Hajji Mohammed? Warranties: Most good sold have warranty which is made to protect consumer from future likelihoods of product default. The seller sometimes may claim these warranties impliedly or expressly. They also may…show more content…
The important element of Negligence is that, a seller / manufacturer owes an inherent duty of care in making sure that all foreseeable injuries to others are avoided in the making of a product. To win a negligence case, the plaintiff must prove that the defendant failed in: Duty of care, as there must be a duty owed to the plaintiff, a failure to take care during the manufacturing process, resulting in a particular product being defective. Breach, as the duty must be breached of warranty, Once it is established that the defendant owed a duty to the plaintiff, the matter of whether or not that duty was breached must be settled. all members of society have a duty to exercise reasonable care toward others and their property. Factual cause, as the injury must have been caused by the defendants actions, For a defendant to be held liable, it must be shown that the particular acts or omissions were the cause of the loss or damage sustained. It should be asked whether the injury would have occurred but for, or without, the accused party's breach of the duty owed to the injured party. if a breaching party materially increases the risk of harm to another, then the breaching party can be sued to the value of harm that he caused. Foreseeable harm, as it must have been foreseeable that the action would cause this kind of harm Injury, as the plaintiff

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