$20 Bonus + 25% OFF
Securing Higher Grades Costing Your Pocket? Book Your Assignment at The Lowest Price Now!

Business Law Aldi Supermarkets Negligent

tag 0 Download5 Pages 1,116 Words tag Add in library Click this icon and make it bookmark in your library to refer it later. GOT IT


Discuss about the Business law Aldi Supermarkets Negligent.


Relevant Issues

  1. Is Aldi Supermarkets negligent for the losses of Tamara?
  2. If yes, then, is there any defense which can reduce the liability of Aldi Supermarkets?

Relevant Law

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)

  1. That the defendants when performing or not performing anything, then, he must make sure that his performance must not hamper the interest of any plaintiff. This preservation of plaintiffs interest is DUTY OF CARE in negligence (Sullivan v Moody (2001).
  2. The defendant is duty bound to prove care provided he can foresee that his performance will affect the plaintiff negatively and thus he must not indulge himself in such actions (Burnie Port Authority v General Jones [1994]).
  • The defendant is duty bound only for those plaintiff who are connected and proximately associated with him, that is, the acts of the defendant will have a direct impact on the plaintiff making the plaintiff the neighbor of the defendant and thus protection must be provided (Wyong Shire Council v Shirt[1980]. (P Latimer, 2012)
  1. The defendant has failed to fulfill his obligation of care and is called BREACH OF DUTY. When the defendant is not able to achieve the level or standard that is expected from him so that care can be provided to plaintiff, then, the duty is considered to be not performed (R v Patel[2010]);
  2. The violation of duty should cause some harm to the plaintiff. But, the damage is considered to be the outcome of negligence only when the damage can be reasonably foreseen by the defendant and that the loss that is caused is because of the performance of the defendant and not because of some indirect actions (Naxakis v Western General Hospital (1999). (Barnett, 2014).

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 [1996].


Application of the relevant law on the facts of the case

It is submitted that the Aldi Supermarkets is negligent and must compensate Tamara. The negligence is established because of the following reasons:

  1. Tamara is a regular visitor at Aldi. Every person who is in possession of the premise should provide safety to the visitors of the premise as per This duty is also imposed on Aldi.
  2. The duty of care by Aldi towards Tamara exists because Tamara is neighbor of Aldi because she is the regular visitor and any action taken by Aldi in the market will impact Tamara unswervingly. There is proximity between the two as per Burnie Port Authority.
  • Aldi is aware of all the outcomes of the acts that are taken by it. Aldi can reasonably perceive the effects of its actions on Tamara. So, there is reasonable forseeability.

Thus, Aldi can be casted with the DUTY OF CARE that it must furnish against Tamara.

  1. That Aldi must makes sure that its aisle and the floors must be kept clean so that no kind of harm is suffered by any of the visitors. To achieve this duty, Aldi makes sure that its members must inspect the market aisles and must clean the spillages every forty minutes. Thus, the duty of care is furnished by Aldi but, the level of care is not met as per R v Patel. Considering the crowd that is present at the Aldi, the duration of forty minutes is not adequate. The inspection/spillage must be more regular to avoid any accidents. So, the duty is not as per the standards and there is BREACH OF DUTY.
  2. Tamara in order to get hold of her favorite chocolate ran very fast and slipped over the ice cream that was there on the aisle and which was not kept clean by the Aldi. The fall resulted in causing Tamara to surfer bodily injuries and damages of $700,000. So, the breach of duty by Aldi has resulted in damages to Tamara. The losses that are caused are because of the breach of duty of care and can be reasonably predictable by Aldi Supermarkets.

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.

Concluding remarks

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).

Case laws

Burnie Port Authority v General Jones [1994].

Donoghue v Stevenson (1932).

Kalokerinos v Burnett [1996].

Naxakis v Western General Hospital (1999).

R v Patel [2010].

Sullivan v Moody [2001] HCA 59.

Wyong Shire Council v Shirt [1980].


Cite This Work

To export a reference to this article please select a referencing stye below:

My Assignment Help. (2018). Business Law Aldi Supermarkets Negligent. Retrieved from

"Business Law Aldi Supermarkets Negligent." My Assignment Help, 2018,

My Assignment Help (2018) Business Law Aldi Supermarkets Negligent [Online]. Available from:
[Accessed 01 April 2020].

My Assignment Help. 'Business Law Aldi Supermarkets Negligent' (My Assignment Help, 2018) <> accessed 01 April 2020.

My Assignment Help. Business Law Aldi Supermarkets Negligent [Internet]. My Assignment Help. 2018 [cited 01 April 2020]. Available from: 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.

Latest Business Law Samples

ADSMWS608 Conduct A Marine Warranty Survey

Download : 0 | Pages : 17

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 arrow

MBA402 Governance Ethics And Sustainability 4

Download : 0 | Pages : 10

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 arrow

ACC03043 Corporate Governance

Download : 0 | Pages : 10

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 arrow

LAW1702 Business Law And Negligence System

Download : 0 | Pages : 3
  • Course Code: LAW1702
  • University: Algonquin College
  • Country: Canada

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 arrow

CGRM4000 Corporate Governance Sustainability And Ethics

Download : 0 | Pages : 10

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 arrow

Save Time & improve Grades

Just share your requirements and get customized solutions on time.

We will use e-mail only for:

arrow Communication regarding your orders

arrow To send you invoices, and other billing info

arrow To provide you with information of offers and other benefits




Overall Rating



Our Amazing Features


On Time Delivery

Our writers make sure that all orders are submitted, prior to the deadline.


Plagiarism Free Work

Using reliable plagiarism detection software, only provide customized 100 percent original papers.


24 X 7 Live Help

Feel free to contact our assignment writing services any time via phone, email or live chat.


Services For All Subjects

Our writers can provide you professional writing assistance on any subject at any level.


Best Price Guarantee

Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.

Our Experts

Assignment writing guide
student rating student rating student rating student rating student rating 4/5

3076 Order Completed

99% Response Time

Emily Wei

Doctor of Philosophy (Ph.D) in Civil Engineering

Singapore, Singapore

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

2830 Order Completed

97% Response Time

Leroy Bicknell

MBA in Marketing

London, United Kingdom

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

798 Order Completed

97% Response Time

Benjamin Blakeman

MSc in Medical Technology

London, United Kingdom

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

610 Order Completed

100% Response Time

Cheryl Zhao

PhD in Statistics

Singapore, Singapore

Hire Me

FREE Tools


Plagiarism Checker

Get all your documents checked for plagiarism or duplicacy with us.


Essay Typer

Get different kinds of essays typed in minutes with clicks.


GPA Calculator

Calculate your semester grades and cumulative GPa with our GPA Calculator.


Chemical Equation Balancer

Balance any chemical equation in minutes just by entering the formula.


Word Counter & Page Calculator

Calculate the number of words and number of pages of all your academic documents.

Refer Just 5 Friends to Earn More than $2000

Check your estimated earning as per your ability




Your Approx Earning

Live Review

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!!!


User Id: 384118 - 01 Apr 2020


student rating student rating student rating student rating student rating

My assignment you did was really excellent and I really like it. I will use this one again. thanks


User Id: 388948 - 01 Apr 2020


student rating student rating student rating student rating student rating

this is the final assignment for this subject and did everything well and got a D grade for the subject.


User Id: 287765 - 01 Apr 2020


student rating student rating student rating student rating student rating

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.


User Id: 287765 - 01 Apr 2020


student rating student rating student rating student rating student rating
callback request mobile
Have any Query?