BE116-Assignment
Elements of Corporate and Business Law
Laws and government regulations affect almost all business activities-from hiring and firing decisions to workplace safety, the manufacturing and marketing of products, business financing, and more. The basic idea of negligence is that every member of society has a duty to conduct his or her own affairs in a way that avoids injury to others. The conventional observation of the duty of care as a central element of the negligence enquiry can be summed up as tort, which is a breach of a legal duty to take care which results in damage to the claimant (Nolan, 2013). Whereas historically frown upon as being unnecessary element in negligence, the concept of duty of care is today seen as pivotal in determining whether to impose a liability or not.
Required:
Using Donoghue v Stevenson (1932), Caparo Industries plc v Dickman (1990) and Customs and Excise Commissioners v Barclays Bank plc (2007) and other relevant cases, critically discuss the merits of the three-stage test, also variously known as the ‘incremental approach or the ‘tripartite test’ for establishing a duty of care and its role in the concept of negligence.
Your essay should be written in an academic style, that is enriched with relevant cases and documented with citations, and a bibliography. The work must be word-processed and must not exceed 1500 words.
Submission should be online via FASER on the following link:
http://www.essex.ac.uk/e-learning/tools/faser/
Word limit: 1500 words.
Useful Resources
Kelly, D., Hammer, R., Denoncourt, J. and Hendy, J. (2020). Business Law. Fourth edition. Taylor & Francis.
Rouch, L. (2017), Business law, Fourth edition, Oxford University Press.
Marson & Ferris (2016), Concentrate business law, third edition, Oxford University press.
Jones, L (2017), Introduction to Business Law, Fourth edition, Oxford University press
Buckland, W.W. (1935) The duty to take care, LQR, 51: 637
Winfield, P.M. (1934) Duty in tortious negligence’ Columbia Law Review, 34(1), 41-46
Murphy, G. (2011) The snail and the ginger beer: the singular case of Donoghue v Stevenson, Commonwealth Law Bulletin, 37(1), 214-215
