Law in business Essay Example | Topics and Well Written Essays - 2000 words

Law in business - Essay Example ich has resulted in the claimant suffering a heavy loss in his life and career as well and this can be described as negligence to a greater extent since the injury caused to Geoff could have been avoided if the defendant has not been neglecting his duties. The other employee Peters, who injures a workmate while in the process of playing jokes with neighbours, has done something a reasonable man should not do during working time which can be referred to as an act of gross negligence. This scenario broadly falls under the tort law and is specifically an act of negligence. In attempting to fully analyse the given case study, it is imperative to highlight and explain the tort law and negligence in brief as a way of gaining a clear understanding of the applicability of the laws to the case. A tort law can be described as a civil wrong not arising from a contract and in the case of negligence, one should owe due consideration to one’s neighbour (Capiro Industries vs. Dickman 1990). Negligence can be described as the act of doing something a reasonable man would not do and a plaintiff must prove that the defendant owes a duty of care Donoghue V. Stevenson (1932). It is of paramount importance for the plaintiff to be able to prove that a duty of care has been breached in order to win the claim that the subsequent injury after the action of the defendant could have been avoided in the event that he would have acted within reasonable limits. Indeed, research has shown that there have been some developments in the area of negligence meant to prove the existence of day care duty. Under the case of Capiro Industries vs. Dickman (1990), the following conditions should be taken into consideration which include; foreseeability, proximity as well as reasonability. In some cases it may not always follow that a duty of care exists but common sense ought to prevail to avoid an otherwise serious injury to another person. Some situations are foreseeable before a person embarks on a