The Law of Tort and Business Contracts

3325 Words Feb 3rd, 2018 13 Pages
In most cases, the remedies for a tort are in the form of unliquidated damages for instance different amounts of compensation, which are determined by the courts of law. The law seeks to compensate the aggrieved party, unlike the criminal cases where the offenders are punished according to law. However, certain cases in tort fall both in the civil and criminal law brackets. Examples include assault and battery. The tort of negligence is addressed in this article, because of its influence compared to the other torts of law. The liability attracted by negligence comes from a basis of duty to practice reasonable care (Geistfeld, 2011, pg 144).
First case analysis: Rare Plants Limited
In the first scenario of the case, an elderly/disabled member of a coach party slips on a pathway and breaks a leg. After the accident, the member spends time in hospital (8 weeks) and suffers considerable pain during treatment. In this case, the home care is liable to ensure the residents are safe when on the premises. Knowing the premise users are elderly and disabled, the owner will be liable when it is foreseen or contemplated that the actions and omissions may lead to the injury of the residents. The owner of the home care owed the residence a duty of care. From the given scenario, the owner is liable…

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