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Essay sample - Comparative Business Law
Pages 7 (1757 words)
There was no distinction between torts and crime's in the earlier common law. The liability in business is mostly of tortuous. The first case of the tort was in the form of writs in the royal courts appeared during 1250. These writs were on trespass. During the 13th century these writs were classified into nominated torts and specific torts…
The negligence was recognized in the famous case Donoghue v Stevenson1. [Peter De Cruz, Comparative law]a
It is illustrious case law on tort of negligence; this case is also called as "the snail in the bottle case". Though this case originates from Scots the House of Lords declares that the principle applied in this case apply to the world in common law jurisdiction. This case is fountainhead of the tortious principles say duty to care, breach of duty and causation of loss which are to be established for claiming liability of negligence.
In this case the Session court rejected the appeal of the plaintiff on two grounds a) there is no privity of contract between the plaintiff and the manufacturer defendant; b) the product was not a dangerous product and there is no fraudulent misrepresentation from the defendant. It was appealed to the House of Lords by the plaintiff, arguing on the principle of privity of contract. The plaintiff counsel arguing for the removal of the protection provided for the manufacturers under the privity of contract under common law. The defendant side argued on wisdom of the Scottish judges in the mouse case, to prevail.
Lord Atkin applies the 'Neighbourhood Principle', which says that a person will owe a duty of care not to injure a per ...
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