Business law Essay Example | Topics and Well Written Essays - 500 words - 25

Business law - Essay ExampleDays earlier, Ander took his car to Bobs Repair Shop for lubrication and even though Bob noted a problem with a pin in the brake system, he did not inform Andrew of the same.Negligence involves a breach of tutorship that a party owes to others, occurrence of which leads to a legal damage. The plaintiff needs to prove existence of a duty of care, which might in addition be unembellished per se or might be considered under tradition, breach of the duty of care, and occurrence of the damage. There must also be proof of causation that is found on the defendants ability to foresee the ultimate danger. Identifying the elements establishes the plaintiffs legal unspoiled in a negligence typesetters case. The doctrine of foreseeability also identifies proximate cause to the effect that a defendant may not be the immediate cause of the event into harm but still bears responsibility. The case of Tyson Foods v Cuzman explains this (Twomey and Jennings 178). Failu re to warn of dangers in usage or of dangers of misuse also induces liability, as long as the danger is not trivial (Beatty and Samuelson 488).In the case, Andrew owed a duty of care to other road uses but he breached the duty because of over speeding at a location with pedestrians. In addition, Andrew had hot chocolate as he was driving and allowing spilled coffee to divert his attention, meaning that he disregarded interest of other road users, identifies breach of the duty of care into jibes injury. The doctrine of proximate causes and responsibility due to failure to warn also induces Bobs breach of duty of care to people who could be affected by the Andrews car.Andrew and Bob had a duty of care to road users that they breached and that led to Peters injury. Consequently, Peter has a legal right to compensation due to negligent tort, against both parties. The compensation may relate to