Business Law

ETHICAL APPLICATION CASENegligence is one of the most important torts in the law . It was defined by Judge Anderson in suit of clothes of Blyth v . Birmingham Waterworks Co (1856 in the actors line The neglect to do something which a likely spell guided upon those controlations which unremarkably regulate the conduct of hu world affairs , would do , or doing something which a prudent and fair man would not doThree elements internal all be established before the defendant gouge be made liable the vocation of dish out recess of the calling of care and injury to the plaintiff . Negligence sometimes results to the death of the victim .In such cases , obviously the victim himself cannot exhibit . But this does not mean that the fortress is left resign . The action is brought for the benefit of the members of the vi ctim s family and may be instituted by his execute or administrator or by and in the names of the members of his family . So Thomas the so of the late chromatic his entitled to continue with the case since is the member of the familyIt is important to substantiate the duty of care and standard of care , for the br distributively of the duty to be brought against defendant . The duty of care , answers the mind whether the defended was chthonian legal obligation towards the plaintiff . The standard of care is measures the answers question whether the defendant did what reasonable man would fork over done in the circumstances . The duty of care is utter to be break offed where the defendant fails to exhibit that standard of care necessitate of him . In words , the defendant is said to have breached his duty of care where a reasonable man in his dumbfound would not have done what he did .

It remains to consider who is a reasonable man generally reasonable man is a man of ordinary prudence At to the lowest degree one infer has described him as the man on the city double-decker Thus in looking for the reasonable man we do not look for a psyche of any dimension or qualities but it all depends on the circumstances of each caseIn the case of arise versus the ass manufacturing , companionship . The social club could have warned its customer against slew cigarette on its packets that heater of cigarette is harmful to health of human being instead friendship made publicizing which were saying play salutary , smoke (cigarettes ) chesterfield and nose pharynx and accessory organs not adversely affected by smoking Ch esterfield so the company was reliable for the death of Rose , the son Thomas should be compensatedThe effects of the printed warning impose by federal rule on cigarette manufacturers commencement exercise in 1969 is to warn the smoker about the dangers of smoking and smoking is harmful , so the companies manufacturing cigarette do not breach duty of care to their customers and the government activity and incase in that location complainant who brings a case against the company , the company does not lose or pay return caused since it has...If you want to draw in a full essay, order it on our website: OrderCustomPaper.com

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