Law of Tort, Fundamentals of Business Law Essay

justice of Tort, Fundamentals of Business Law - Essay ExampleIn the fair childs case, the industrial employers had a art of care towards the employees in ensuring that-A man purchased a bottle of ginger-beer from a shop to be use by his girlfriend. But the bottle in which the beer was geted was opaque and it was impossible to clearly see its contents. It was later raise that the beer contained remains of a snail on pouring out the beer. The girlfriend got sick and sued the manufacturer for restoration in tort. It was held that the defendant was liable since he owed her a duty of care to ensure that the bottle should contain any other objects apart from the beer itself.Under the tort of negligence, the plaintiff can non successfully sue the defendant unless he/she proofs that he was injured. Even if damage is evident, the plaintiff must also proof that he suffered injury at present attributable to the damage. The plaintiff might suffer injury not directly attributable to the da mage. If this is the case, his action go out fail. 2In Fairchilds case, the workers inhaled excessive asbestos and contracted mesotheliona, a cancer associated with the inhalation of such substances. The injury hither is this disease suffered. This would give the worker an automatic a way to sue their employers for damages. The situation would have changed had the workers not contracted the disease or any injury of a similar nature. The employers know very comfortably that excessive inhalation of the asbestos would cause the disease but they did not take reasonable steps to wishful it.Standard of CareApart from just the duty of care that one owes his neighbour in his actions that he ought to have him in contemplation, there are cases where bar of care need to be shown. The courts have the send to proof whether the defendants had standard of care.A standard of care is thus expected from an ordinary prudent psyche in a given situation. If a person has placed himself or made othe rs believe that he can execute a given task, then he owes his clients a standard of care to do such a task without harming the client. A doctor for instant in a reputable infirmary owes a patient a standard of care and should carry out his work expected of a doctor from such a hospital and expect to be given such a standard of care. 3Causation of Damage under NegligenceThe general rule under negligence is that the upshot of proofing negligence would lie on the plaintiff. But in case of accidents in the workplace, the plaintiff need not proof negligence if that accident could not have occurred were the defendant not negligent.In such cases, the plaintiff relies on the principle of Res Ipsa Loquitor i.e. let the facts speak by themselves. The burden of proof then shift to the defendant. The defendant would then convince the courts that the accident would still have occurred without his own negligence. 4If the defendant successfully argues that he was not negligent or convinces the wo rld