Tort Law Essay Case Study Example | Topics and Well Written Essays - 2500 words

Tort Law Essay - Case Study Example It is also necessary for the individual to show that they have suffered damages. The first and critical argument put forward by DURU is that, under the English negligence law, they did not owe a duty of care to Russell. This brings into question the first element of the tort of negligence in that there must be a duty of care before any claim of negligence can be substantiated. The initial notion of duty of care was established in the case of Donoghue v Stevenson1, where it was found that a duty of care should exist, based on the neighbour principle. In this case, a decomposed snail was found in the drinks bottle of the claimant, but there was an argument as to whether or not the manufacturer should be seen as liable, as the claimant had not themselves purchased the bottle. It was found, in this case, that they could be deemed to be negligent and that the claimant would have a claim based on the principle that a duty of care existed to their 'neighbour'. A more modern approach has now been taken by Caparo v Dickman2, where a threefold test was established and it would be this test that DURU would be required to use in forwarding their first defence. In accordance with this case, a threefold test must be passed in order for a duty of care to be established. Therefore, if DURU could show that these are not met, they would rightly be able to rely on the defence that no duty of care existed. The threefold test is as follows: The harm suffered must be deemed 'reasonably foreseeable' as a result of the way in which DURU conducted itself; that there must be a relationship of sufficient proximity between DURU and Russell; and finally that it is 'fair, just and reasonable' for the duty to be imposed on DURU. The test of proximity remains reliant on the test laid out in Donaghue v Stevenson and as stated by Lord Atkin as part of this case. Lord Atkin stated that a duty should be owed to 'persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected'. Other queries have been raised in terms of whether or not it would be reasonable to expect DURU to take some responsibility for the death of Russell. Based on the 2009 Act, DURU has assumed responsibility to provide one to one care in a structured manner to those suffering from drug addiction. In signing Russell up as a patient, a relationship has been established. There is a general concept that there is no positive duty on everyone to undertake certain actions; however, due to the statutory powers given to DURU and the subsequent decision to take Russell on as a client, it is likely to be deemed that a duty of care exists towards Russell, and, for that matter, any other patient taken on by DURU3. Furthermore, the courts are likely to take public policy and interest into account when deciding whether or not a sufficient proximity exists. Based on the underlying reasons for the establishment of DURU and the fact that the organisation has been establis

SPEACKER Essay Example | Topics and Well Written Essays - 750 words

SPEACKER - Essay Example According to the speaker, entrepreneurship is governed by huge risks and we can observe from the history that most of the startup companies fail. This primarily happens because people jump into the entrepreneurship without prior experience and knowledge of the changing market trends. Moreover, the fail entrepreneurs do not have a very clear mission and vision for their companies or their managerial operations are not consistent with the strategic decisions (Feinleib). All these factors play a vital role in the failure of any start-up business. However, this also gives entrepreneurs the insight knowledge of their business and hence failure is also important for the betterment of future decisions. Entrepreneurial failure discloses the basic methodologies through which an individual can refrain from significant losses. The speaker has identified the basic principles which can actually save people from instant business failures. For example, diligent planning is necessary especially in t erms of finances because start-up companies usually go out of cash if the inflows and outflows are not managed thoroughly. Additionally, there was an emphasis upon the significance of peculiar business details which are often ignored by the new entrepreneurs and hence they face immediate failure. For instance, entrepreneurs are required to be extra sensitive towards the changing market trends and overall consumer behavior. With the advent of modern technology customers have altering choices and hence there is a possibility that they might get product substitutes very soon. Another important aspect which requires greater attention from the entrepreneurs is their attitude after entering into the market. They must maintain profound behavior while analyzing business opportunities. They need to have a very soft and calm attitude to deal with different situations. This is further connected with the fear of business failure. People who initially fear the financial loss actually make more p roductive decisions which foster their future progress and development. Leadership and entrepreneurship are interconnected with one another. For instance, strong leadership is one of the major contributors of successful business startups. Moreover, leadership based on hard work, passion and integrity actually ensures the long term sustenance of business. This is subsequently correlated with organizational culture and employee involvement. The failure of startup businesses was a more interesting topic for me because I have personally suffered from such experience. I entered into the market without developing a diligent plan, business forecast or an outline of consumer demands. My plan was to introduce fragrance soap particularly, for women which can perform as a regular soap and an attractive fragrance at the same time. I was supposed to target middle class working women whose professional expenses could be reduced with an integration of perfumes and soaps. However, my business plan failed within three years of its operations because the product positioning was very wrong. I had to face immense competition from soap manufacturers and perfume producers whereas I got out of cash just after two years of setting up the business. Hence one of the most interesting perspectives which I have identified after experiencing a failed enterprise is the perfect market segmentation and product positionin