Business and marketing Law Essay Example | Topics and Well Written Essays - 2000 words

Business and marketing Law - Essay Example infringement on the civil right of an individual, through which the wrong doer has to compensate the injured party in the community, this injured party is therefore supposed to obtain his compensation by taking the action through which his legal rights are violated. 1 So in this case of Mike and Grace, who work at an Australian post’s mail sorting centre, there existed some negligence as part of the law of tort, negligence is normally defined as the breach of a duty caused by an omission to do something which a realistic man would do or would not do, simply it means the neglect of the use of ordinary care and skills by which the plaintiff suffers an injury. To claim an action in this law the plaintiff must therefore prove that the defendant owed him a duty of care, that there has been a breach of the legal duty and also he has to prove that he has suffered an injury either to his person or to his property, without the three points, then the plaintiff is not entitled to succeed in his action. Therefore in this mail sorting case we find that various elements of the tort of negligence were practiced these include: Under this law it is said that if a man is near to another or near to a property of another, then there is a duty that lies on him not to do anything that may cause a personal injury to the other person or his properties. 2 Therefore one should take a reasonable care to avoid acts that he can reasonably foresee would injure the other person. In this case we see that mike and grace who received a strange bulging parcel that they suspected to be containing a dangerous or illegal matter, took no duty of ensuring safety by storing the parcel in an unlocked cupboard even though they suspected that the parcel contained an illegal matter and through their negligence we find that the snakes escaped from the box and went to the streets where by it caused panic and distress among the people near the centre, whereby some of them were really injured, therefore if