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

Business law - Essay Example Days earlier, Ander took his car to Bob’s 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 care 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 also be evident 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 based on the defendant’s ability to foresee the ultimate danger. Identifying the elements establishes the plaintiff’s legal right in a negligence 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). Failure 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 coffee 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 Peter’s injury. The doctrine of proximate causes and responsibility due to failure to warn also induces Bob’s breach of duty of care to people who could be affected by the Andrew’s car. Andrew and Bob had a duty of care to road users that they breached and that led to Peter’s injury. Consequently, Peter has a legal right to compensation due to negligent tort, against both parties. The compensation may relate to