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" The Question 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...

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The Question
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 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?
• Whether 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.
Expectations
• Students are to read text books, cases, search the internet for articles and commentary, and to follow the guidance of the lecturer in their research and reading.
• Ensure your name and student number is clearly visible on your assignment.
• Keep a copy of your work for your records.
• Expression is important, and students should ensure that their essay displays appropriate clear expression and presentation.
• Students must reference materials appropriately (statute and case law), and ensure that any materials that are cited, quoted or referred to, have appropriate attribution (ie footnoted and with adequate indication of the use of any author’s work). We will do some work on this in class.
• Each presentation must be individual work and students must not copy another student’s work, or cut and paste work from books or the internet. Please be aware that plagiarism (the copying of someone else’s work) is not acceptable in any professional practice.
• Please ask your lecturer for assistance if you are unsure about an aspect of this assessment.

 

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Answered Same DayOct 13, 2019

Solution

David answered on Nov 30 2019
90 Votes
Explain the legal components of the torts of negligence and a misrepresentation. What steps need to be proved to show that either has occu
ed?
Tort is defined as a civil
each that is basically done against another person where the injured party is seen suing for damages hence caused. Focusing on the tort of negligence it is defined as a
each of duty that one party is unable to exercise their standard of power and care as required by the state of law and this is a resultant that damage will take place on the party to whom such duty is owed (tort.laws, 2017). Misrepresentation on the other hand is a false statement of fact which is inclusive of representee as they enter the contract. There are therefore three types of misrepresentation such as innocent misrepresentation, negligent and fraudulent[footnoteRef:1]. [1:     ]
To claim or prove that tort of negligence has taken place, a claimant must prove that the defendant owed them a duty of care, defendant had
eached such duty and there is sufferance due to loss created upon because of
each of trust (e-lawresources.co.uk, 2017). To prove misrepresentation has occu
ed, plaintiff must prove that defendant made a material representation, had knowledge of the same, damages were sustained by plaintiff and defendant forced the plaintiff to rely on such misrepresentation (lawshelf.com, 2017).
· 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 retaile
prover?
It is important for readers and people to know the difference between the legal terminologies of tort and crime. If there is a certain law that prohibits the acts of well-defined unlawful things and even has certain punishment related to it then such a term is defined as crime. In case of tort, this is a private as well as legal action which is taken by an individual to file suit and protecting himself from any kind of damage. When such concepts are applied to business situation, its application and handling ways changes for the better. As per the example, there are number of customers visiting the retailer in the shop where they get good customer service and are even treated well with respect and quality of goods. It may happen that the store and the retailers observe extremely rude customers that may cause damage to its reputation. They may cause damage to the
and name of the retailer’s shop, resulting in spreading bad name about the shop and its quality of goods. To save themselves from such financial or moral damage, there is use of tort law. Negligence and tort law need to be used with great care. It may be harmful or else do good to its users depending upon the way in which such torts are used (stimmel-law.com, 2017).
· What care should be taken when giving advice or directions to customers, or even just members of the public?
Care such as sharing each fact about the case with the public or the individual who is affected by the particular case. Code of conduct regarding the nature of case law should be known and disclosed to the plaintiff as well as defendant involved in the case. Presence of clear communication between client and the lawyer is required at all stages when the case develops and finally reaches its end stage (Independent.co.uk, 2017). One of the major steps towards good customer care is to maximise their satisfaction by giving what they want and this in turn would also lead to higher sales and even increase in profitability depends on how the customers are happy with the service and suggestion. Understanding the customers and then giving them, the advice is the prime thing which each lawyer or advisor must practice. This they can do by studying the client’s previous history, taking direct feedback from the customers, noticing changes in the client’s requirement be it related to services in general or something that is case specific. Handling with customer’s information and is also an important advice which the person solving the case should take care of even in the case of the normal public or that layer’s client (Cioti, 2017).
· What might be the consequences to a business of a situation where an injured or disgruntled client has suffered some loss?
It may not be easy to face consequences of any business situation, unless such an end is ought to happen soon. The loss that the client faces can be either in terms of financial loss or loss of peace and calmness that should be present in there but lacks majorly. A fall in the share price too can cause major damage to the client. Here, the trading corporation may prove to be the downturn in business due to which such circumstances are occu
ing. Such an act can also take place in the case of libel, where though they cannot prove loss of...
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