Business Law- Tort, Negligence, Misrepresentation
Order Description
A study of torts as they apply to business situations, in particular the torts of negligence and misrepresentation, but with some reference to other appropriate torts
as applicable.
In your essay you are required to demonstrate some research and reading on the following issues, and to make appropriate comment on different torts, with a reference
to current examples from real life situations:
• Explain the legal components of the torts of negligence and a misrepresentation. What steps need to be proved to show that either has occurred?
• How might these two different torts apply to a business situation, eg., considering the care and maintenance expected within a retailer’s premises where customers
might visit, the quality and safety of goods and services supplied by a retailer/prover?
• What care should be taken when giving advice or directions to customers, or even just members of the public?
• What might be the consequences to a business of a situation where an injured or disgruntled client has suffered some loss?
• What defences are available to a business where an individual is claiming to be injured, or has suffered loss, as a result of the actions of the business?
• Whether there are any current or real life instances of business’s being liable for a tortious act?
• There is any role for statutory or public authorities who should be protecting the interests of Australian (or even non Australian) interests or parties.
• How a consumer, member of the public, or any other party who is affected by the actions of the business, might take action against the business, and what they might
expect to gain from that action?
• What other torts, besides negligence and misrepresentation, which might also be applicable to the actions of a business.
• To make any interesting observations regarding the application of tortious principles as they may apply in the business world.
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