CONTRACT AND NEGLIGENCE

Aspects of Contract and Negligence for Business

Aspects of Contract and Negligence for Business

Introduction

The purpose of this study is to expand the boundaries of our knowledge by exploring some relevant information relating to aspects of contract and negligence for business. A contract binds two or more parties to fulfil certain obligations under the contract for mutual benefits and gains. However, if in case of any one of the parties fails to fulfil the obligations of a contract, it results breach of contract. Negligence is a legal concept usually used by a court to obtain damages in case of accident and injury or effects on subsequent health, and more recently for environmental harm. In this paper, the author will conduct critical analysis of three different cases, in order to understand principles of liability in negligence in business activities. Negligence is an unintentional tort claim in the UK legal system that can be defined as a failure to act with reasonable care, and results in injury to another person. Negligence is one of the foremost issues in business; it represents a substantial source of liability for organizations and service providers. Negligence can occur in many different forms, and it is incumbent upon managers to be aware of and understand the elements of negligence, in order to limit liability and create a safer environment for participants. Negligence can be thought of as carelessness and by definition does not involve intent to injure or cause harm. Negligence can take many different forms, including negligent conduct, negligent supervision, negligent instruction, negligent hiring, and negligent retention (Gordley, 1991, pp. 29-37).

Negligence may either be an act of omission or commission, meaning that it can occur when a person does something they should not have done, or fails to do something they should have done, which then leads to an injury. The injury itself does not necessarily need to involve physical injury; it may also include property loss or damage to reputation. In business, most negligence suits, however, include physical injury as their basis. For instance, there are scams that occur with the cooperation of the payer and others because the payer makes the mistake of not adequately confront the documentation to authorize the payment. The purpose of this analysis is to be able to apply principles of liability in negligence in business situations, apply the elements of the tort of negligence and defences in different business situations, and apply the elements of vicarious liability in given business situations.

Case: Rareplants Ltd

Rareplants limited, the occupier of the premises, are confronted with two different situations. The thorough examination of these two situations would help us to find out whether Rareplants limited are liable for the incidents or not. First, there is case of person who slipped on a pathway breaking his leg, this person is the member of a party comprising elderly and disabled residents of residential care home. As a result, he has to spend 8 weeks in hospital, and suffers considerable pain (Gilmore, 1974, ...