Thursday, October 17, 2019
Business law Essay Example | Topics and Well Written Essays - 2000 words - 15
Business law - Essay Example Negligence is when anyone doesnââ¬â¢t take the necessary measures to avoid any mishap which any sensible person on the other hand would take and such irresponsible actions can lead to negligence lawsuit. Same has happened in the given case study i.e. Sunny Cruises plc v Yogesh. In this scenario Yogesh has every right to obtain legal services to get compensation against sunny Cruises. As Sunny Cruises invited Yogesh for a five day visit and they were obligated to give good services to him as it was their duty of care (Bussani & Palmer, 2003). Almost a similar case happened back in 1932 which were decided by the House of Lords. The facts of this care were that a customer named Mrs. Donoghue went into a cafe in Scotland with her friend and ordered a ginger-beer, while drinking she saw a snailââ¬â¢s body in the bear. Due to it she suffered severe gastroenteritis. She sued the beer company for this incident. Although the beer company said that they were not under any contract of sale with Mrs. Donoghue and were not liable for this incident as it was not even intentional but the House of Lords decided in favor of Mrs. Donoghue and she got the complete compensation. (Patten, 2012) The above mentioned case defines that negligence is a legal concept and one can be proven guilty for being negligent. Negligent acts are unintentional but are cause of reckless behavior. As in our case when Sunny Cruises invited Yogesh they were responsible for his well-being and not just his but also the other people who were present on the cruise as they can be used as witnesses. Negligence law suit has four main components and we can put Yogeshââ¬â¢s situation in those four criteria to prove that he is most likely to get the compensation for the physical and financial harm being caused by Sunny Cruise: The first one is that the defender had a duty toward the plaintiff. As mentioned in the case study that Sunny Cruise invited Yogesh then yes it was their duty to
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