Case Study

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Introduction to Business Law Individual Assignment-1 Suresh.Gouri Pae2008 (A) What action or actions in tort may the commercial prawn trawlers claim against Megabucks Ltd? Issue: Does Megabucks Ltd owe duty of care , yes they owe duty of care because of their ‘negligence’ the commercial prawn trawlers were unable to fish in the bay for 12months. The commercial prawn trawlers can certainly claim the damages from the Megabucks Ltd who has failed to perform their duty of care. To be liable for negligence to another person, a person, a person must owe a legal duty of care to that other person, One explanation is that a duty of care means a duty to take reasonable care or to exercise reasonable skill( both duties) ( The…show more content…
Reliance: Reasonable reliance is an important element of a duty of care, In addition, the defendant 's knowledge and control and the plaintiff 's vulnerability can point to a duty of care being owed. Apply: Whether a duty of care exists in a particular situation is a question of law and not fact this means that the judge decides if there is a duty of care (a question of law). If there is a jury, it decides whether the facts fit the duty of care ( a question of face). The classic test of when there is a duty of care under the "neighbour" test of Lord Atkin in Donoghue v Stevenson is the place to start. Neighbour Test: In English law there must be, and is, some general conception of relations giving rise to a duty of care, of which the particular cases found in the books are but instances. The liability for negligence, whether you style it such or treat it as in other systems as a species of 'culpa ', is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. But acts or omissions which any moral code would censure cannot in a practical world be treated so as to give a right to every person injured by them to demand relief. In this way rules of law arise which limit the range of complainants and the extent of their remedy. The rule that you are to love your neighbour becomes, in law, you must

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