The Study of Torts of Negligence and Misrepresentation Apply to Business Situations

Document Type:Case Study

Subject Area:Law

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Laws of torts, therefore, are not necessarily illegal acts but are acts which result in injuring the plaintiff when committed. Some torts, however, comprise a criminal offence such as assault. Law of Torts The law of torts is meant to protect individuals from acts or behaviours of another individual who may lead to injury, suffering, harm or unfair loss to the parties involved. Law of tort is comprised of many personal injury claims. Law of torts serves two main purposes. The plaintiff must show that he has suffered a loss or injury for the defendant to be held liable. However, it is worth to note that in the case that the defendant was negligent, but the plaintiff suffered no loss, there is no lawsuit for such a case.

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Another important component of the tort of negligence is that there should exist duty of care between the plaintiff and the defendant and, the plaintiff suffered loss due to the defendant’s breach of duty which he has an obligation towards the plaintiff. Further, the plaintiff must prove that it was through the defendant’s acts that resulted in the damages or the injury. Failure to show that the defendant's acts are the actual cause of loss there will not be a lawsuit against them, and the plaintiff cannot claim for compensation. However, the defendant is held accountable for misleadingly disclosing information. Under all the cases the plaintiff must prove that he relied on the misrepresentation to decide to enter into a contract.

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Application of Torts of Negligence and Misrepresentation in Business Business organisations have liability over other people who visit their premises, the products they obtain from these premises or the services they receive from the business premises. Business stores should be kept free of the hazard to protect their invitees free of injury. Out of the total accidents that happen in the retail stores result from negligence. In this case, the school was responsible for the suffering that was suffered by Oyster and therefore, she was compensated for the damages. The tort misrepresentation on the other is also applicable in the business set up since but it pertains to the transaction that is made based on false statements that persuaded the plaintiff to enter into the contract at hand.

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In the case of Best v Wilkinson [1927], Biset purchased a piece of land which Wilkinson said that if it were correctly worked, it would carry 2000 sheep. As a result, the plaintiff bought the piece of land considering that it could carry 2000 sheep. Since Wilkinson was the owner of the land, the court considered his statement as an expression of an opinion about the carrying capacity. The customers making a claim should also prove it is for real the action of the business that resulted in their losses. The case on Reids versus Commercial Club (Albury) is a perfect example of such a case where the court rejects the plaintiff claims for compensation but since they cannot prove the actions of the defendants that contributed to their injury (Butler).

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