Answers: Issue-1 What is the nature of the relationship between Jacintha and the radio hosts and whether the radio hosts owe a duty of care? Rule-1 People’s words and actions can have lasting impacts on others, and other parties can suffer injury or loss because of the carelessness of a person. In case the actions of a person could injure other parties, then an important relationship arises between the parties based on which they are ...Read More >>
Answer: Introduction A duty of care is referred to a moral or legal obligation which is imposed on a party to ensure that he/she maintains the safety or well-being of others. In a suit for negligence, it is important that the defendant must owe a duty towards the plaintiff. Donoghue v Stevenson (1932) AC 532 case can be referred in order to assess whether a party owes a duty or not. In this case, the court provided neighbour test which provid...Read More >>
Answer: IRAC 1 Issue According to the case study, the issue has been found that whether, Aldi Supermarket is has owned the duty of care towards their customer or not? Rules According to the Tort law, the term duty of care is defined the legal obligation which is imposed and recognized the legal duty to take care. It is defined the standard of reasonable care where defendant will became liable if such care has been breached. In ...Read More >>
Answers: The Issues raised Whether any contractual relationship is established amid the parties. Who are the parties who have formulated the contract? Whether there is a contract that is made amid Bernard and Alan? Whether there is a contract that is made amid Charleen and Alan? Whether there is a contract that is made amid Damien and Alan? The various alternative dispute resolution options available and the pros/ cons with these option...Read More >>
Answers: 1. Introduction Whenever a person or a group of person think and decides to establish a business, they have many of the choices. Certain kinds of business structures are there that a person can use for his/her business. A business structure depends on the factor that how many people are going to manage the same. Mainly three type of business structure is used by the business and that are Sole Proprietorship, Partnership, and Company...Read More >>
Answer Issue The key concern in the given case is to ascertain whether Tamara can press charges against Aldi Supermarkets (the defendant) on account of negligence on their part resulting in damages to Tamara (the plaintiff). Rule For the given situation, tort of negligence would be the relevant law. For proving the presence of the same, it is imperative that there must be fulfillment of three main conditions. Even if one of these conditions...Read More >>
Answer: Issues Can Tamara have any right towards the supermarket under the law of negligence? If yes, can the supermarket claim any defense in order to protect its interest? Relevant Law The law of negligence is the principle law which resolves around the raised issues. The law of negligence simply imposes a duty of care which must be furnished by every defendant against the plaintiff to make sure that no injury is caused to such plaintiff b...Read More >>
Answers: 1. In this part of the assignment, the issue is if a really enforceable contract has been formed between the parties are not. In order to deal with this issue, there is a need to consider if the elements that are essential for the formation of a valid contract are present in this case or not. Similarly, it also needs to be considered one of the parties to the contract. For this purpose, a contract is an agreement created between two ...Read More >>
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