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Business Laws Analysis

Question:

Write a report about the business law.

Answer:

Contract Law

Issue

Cedric Inkspot has worked as a talented chemist in a lab named Test Tube City Laboratories. His contract is soon to expire and since he does not want to disrupt his wife and children, he speaks to the chief chemist at the lab who assures him that even after the contract expires, Cedric will not be let off. As a result, Cedric rejects the offer made to him by another rival company. Later due to liquidity problems, the company let go off Cedric even before the contract expired.

Law

This is a contract i.e. written agreement and is liable to compensate Cedric because of the condition of the contract (Gibbons, 2012).

Application and arguments

Cedric is liable to receive compensation since he was let off even before his term ended and sufficient notice period was not been offered to him (Gibbons, 1867). This can be considered to be in the class of simple contracts and it is valid since all the criteria have been fulfilled, such as, both the parties are legally capable and have consent along with the presence of the legality of purpose and the requirements have been satisfied in the form of contract.

Conclusion

It can be concluded that Cedric is entitled to damages from the company since there has been breaching of contract. 

Negligence

Issue

Danny was a beginner at skiing and he was with his instructors and fellow skiers at a mountain which had a relatively lesser snowfall with a greater amount of hard and icy snow. His European trainer commenced on teaching them an advanced technique of skiing. The demonstration was done y the teacher who did not wear his stocks. Danny was the first to try the method and found out that he could not control his skis and crashed into the ice and injured his leg severely (Gibbons, 2012). Danny said that he was not provided with enough space to stop even though Noah, the trainer, knew that he was just a beginner and needed space to stop in.

Law

This falls under the category of negligence under the law of torts. Even though the harm is of temporary nature, the consequences are of long term and have led to economic loss on Danny’s part. The criteria which are required to be fulfilled are:

·         Existence of the duty to care.

·         Failure to incorporate standard measures in order to perform the duty.

·         Some other person suffers from injury due to this breach in the duty of care (Menez, Vile and Bartholomew, 2004).

It can be stated that since the defendant was careless, the plaintiff had to suffer great economic loss.

Application and argument

In this case, Mr. Noah Itall was the trainer of Danny and several other students and hence, it makes him responsible for the plight of his students under his guidance. Noah must have known that Danny was a beginner and he should have been provided with adequate space to stop. On his failure to do so, Danny suffered severe injuries (Gibbons, 2012).

Conclusion

From the above points, it can be established that Danny should bring an action for compensation against his trainer. 

References

Gibbons, G. (2012). Trade Marks Law. Cork: Oak Tree Press.

Gibbons, H. (1867). A handy book of the law of masters and servants shewing the rights, duties, and liabilities, of the parties to the contract of hiring and service.

Gibbons, T. (2012). Media law in the United Kingdom. Alphen aan den Rijn: Wolters Kluwer.

Menez, J., Vile, J. and Bartholomew, P. (2004). Summaries of leading cases on the Constitution. Lanham: Rowman & Littlefield Publishers.

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