Commercial law could be broadly classified under civil law. They lay down the legal rules which determine the rights that can be enjoyed and duties to be followed by the parties engaged in trade and commerce. Commercial law is regulated by the Uniform Commercial Code (UCC). As you can see, commercial law is not a cakewalk! But, it could be made easy with good commercial law assignment help.
Question: Tamara is addicted to chocolate. The only retailer that sells her favourite brand of chocolate bar is Aldi Supermarkets. Tamara goes to her local Aldi Supermarket every day to buy her favourite chocolate bar but it is often sold out. She gets very upset when this happens. One wet Saturday morning in January Tamara is walking down the confectionary aisle of her local Aldi Supermarket and she sees at the far end of the aisle there is only one chocolate bar left for sale. She begins to run towards the chocolate bar. Another shopper appears at the far end of the aisle. Tamara runs even faster. As she reaches for the chocolate bar she slips on a puddle of melted ice cream and breaks her back. She spends several months recovering in hospital with general damages alone in excess of $700,000. Tamara now wishes to sue Aldi Supermarkets in negligence for her losses. Aldi Supermarkets can prove that a staff member inspects the supermarket aisles and cleans up any spillages every 40 minutes. Advise Tamara.
Answer: (Please note, this is only a part of the entire answer and not the entire answer itself)
Law of Negligience
The law of negligence and the defense of contributory negligence are applicable in the given case. The law of negligence is the part of tort law and in Donoghue v Stevenson (1932), Lord Atkin has submitted that any plaintiff have power to sue the defendant for his negligent acts and omissions provided the three main essential are proved. The same are duty of care, its breach and resulting damages. The duty of care signifies that the tasks that are pursued by the defendant should not harm any of the plaintiffs (Sullivan v Moody (2001)). This duty should be followed in all situations and in all manners. But, a defendant is duty bound only for those plaintiffs with whom he shares proximate relationship. Proximate relationship signifies that the defendant and plaintiff are so connected that the plaintiff suffers the consequences of whatever action or inaction that is undertaken by the defendant directly. Then the parties are neighbors of each other and the defendant should provide care to such plaintiff otherwise must forgo the tasks that he intends to take Perre v Apand Pty Ltd . Also, the defendant must make sure that the care that is provided by him is against all reasonable foreseeable risks and not for those risk which are very remote and is not predictable(Sutherland Shire Council v Heyman ). (C Witting, 2007)
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