To prove the above issues, the analysis of the law of negligence is required.
In Donoghue v Stevenson (1932), the law of negligence was analyzed for the first time wherein it was held by Lord Atkin that no harm must be caused to the consumer for the products supplied by the manufactures. So to prove negligence the basic requirements include: (RN Moles, 2016)
Once proved, the defendant is negligent.
But, if the defendant can prove that the damage which is caused to the plaintiff is not by the performance of the defendant alone but the plaintiff has also acted negligently and it is her negligence which has also resulted in the contribution of damage then the contributory defense can be availed. The liability of the defendant can be reduced proportionately Kalokerinos v Burnett .
It is submitted that the Aldi Supermarkets is negligent and must compensate Tamara. The negligence is established because of the following reasons:
Thus, Aldi can be casted with the DUTY OF CARE that it must furnish against Tamara.
So, all the above facts when applied to the case laws reveal that the Aldi Supermarkets is totally negligent in its actions because the duty of care is not furnish by its properly and which has resulted in causing loss to Tamara.
But, Aldi Supermarkets cannot be held liable for all the losses and it has a defense of contributory negligence.
Aldi can prove that though it has not catered its duty properly which has resulted in the loss of Tamara. But, the loss that is caused to Tamara is exaggerated by her actions as well. If Tamara would have not run very fast on the aisle of the supermarket in order to grab the chocolate knowing the fact that the market has frequent visitors and that some other customers is also approaching the chocolate section, then, the loss that is suffered by her can be reduced. Tamara has contributed because she ran very fast knowing the fact that it was a wet day and there are chances that she might get sip if she will run fast. Thus, Tamara has contributed to her own loss.
So, Aldi can rely on the defense of contributory negligence.
The Aldi has not provided adequate care to the market visitors and this breach of care has resulted in loss to Tamara. So, there is clear negligence on the part of Aldi. But, Aldi can prove that Tamara was also negligent in her actions and has contributed to her own loss by running fast on aisle on the wet day.
Atkins et al. (2014) Ethics and Law for Australian Nurses. Cambridge University Press.
Barnett K, (2014) Equitable compensation and remoteness: not so remote from the common law after all’.
P Latimer (2012) Australian Business law, CCH Australia Limited.
R N Moles (2016) Law Reports, McAlister or Donoghue (Pauper) v. Stevenson (1932).
Burnie Port Authority v General Jones .
Donoghue v Stevenson (1932).
Kalokerinos v Burnett .
Naxakis v Western General Hospital (1999).
R v Patel .
Sullivan v Moody  HCA 59.
Wyong Shire Council v Shirt .
To export a reference to this article please select a referencing stye below:
My Assignment Help. (2018). Business Law Aldi Supermarkets Negligent. Retrieved from https://myassignmenthelp.com/free-samples/business-law-aldi-supermarkets-negligent.
"Business Law Aldi Supermarkets Negligent." My Assignment Help, 2018, https://myassignmenthelp.com/free-samples/business-law-aldi-supermarkets-negligent.
My Assignment Help (2018) Business Law Aldi Supermarkets Negligent [Online]. Available from: https://myassignmenthelp.com/free-samples/business-law-aldi-supermarkets-negligent
[Accessed 01 April 2020].
My Assignment Help. 'Business Law Aldi Supermarkets Negligent' (My Assignment Help, 2018) <https://myassignmenthelp.com/free-samples/business-law-aldi-supermarkets-negligent> accessed 01 April 2020.
My Assignment Help. Business Law Aldi Supermarkets Negligent [Internet]. My Assignment Help. 2018 [cited 01 April 2020]. Available from: https://myassignmenthelp.com/free-samples/business-law-aldi-supermarkets-negligent.
MyAssignmenthelp.com possesses 3000+ highly skilled cheap essay writers, who respond to students' popular search 'can someone do my essay at a cheap rate online'. They evaluate student's requirements and fulfill them perfectly. Hence, students don't need to waste their time in searching, 'who will write my essay at cheap rate'. They can straight convey their requirements and have the paper written by highly qualified experts.
Answer: Activity 1 The fundamental ingredients of an insurance contract include the following: the offer and acceptance between the assured and the insurer, presence of an insurable interest, utmost good faith, the immediate and the proximate causes are under the insurance contract. Furthermore, the methods of subrogation, indemnity and contribution are under the elementary principle of an insurance. It also includes the key idea of having ...Read More
Answer: Introduction Internal competition, decentralization and several elements increase the risk of the company; risk exposure calculator calculates the risk of the company by considering the pressure points related with the performance, information management and growth of the company (Forouzanfar & et al. 2015). The present study is related with the analysis of risk of the company named as Property Millionaire. The company...Read More
Answer: Report To Chairperson Board of Directors From: Jane White, Corporate Governance Consultant Date: 22 January 2019 Subject: Cybersecurity policy of the company In the world full of technology, every organization is diverting it is focused on the use of technology. The reason behind the same is the infinite advantages that technology adds to the overall value of the company. The use of the internet and other technological innovatio...Read More
Answer: Introduction A teenage girl, Abigail Sataur from Ontario has sued Starbucks claiming that the company and its employees have failed to take reasonable care to ensure her safety. It has also been held by the plaintiff that the company has failed to take measures to prevent the injury, which was foreseeable. The plaintiff claimed general and special damages of $1 million from the defendant (Adriano, 2019). In such case, the court in ge...Read More
Answer: Introduction The code of conduct refers to the set of the rules defining the social standards, spiritual rules and liabilities of, and or suitable exercises for the people. The code of conduct which is written for the company’s employees, secures the business and provides the notification to the workers in respect of expectation of the employees. In the following parts, the code of conduct of Wesfarmers limited is discussed. Wes...Read More
Just share your requirements and get customized solutions on time.
Our writers make sure that all orders are submitted, prior to the deadline.
Using reliable plagiarism detection software, Turnitin.com.We only provide customized 100 percent original papers.
Feel free to contact our assignment writing services any time via phone, email or live chat.
Our writers can provide you professional writing assistance on any subject at any level.
Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.
Get all your documents checked for plagiarism or duplicacy with us.
Get different kinds of essays typed in minutes with clicks.
Calculate your semester grades and cumulative GPa with our GPA Calculator.
Balance any chemical equation in minutes just by entering the formula.
Calculate the number of words and number of pages of all your academic documents.
Our Mission Client Satisfaction
I got a 100 on my paper. Thank you for answer on such a short notice. It was a stiff price overall they responded and had me finish before my deadline!!!
My assignment you did was really excellent and I really like it. I will use this one again. thanks
this is the final assignment for this subject and did everything well and got a D grade for the subject.
this is the final group assignment and needed to upload on Turnitin. I could do my part really well and got a hd for this subject. great work guys.