Article Writing Homework Help

Provide a 12 pages analysis while answering the following question: Role of Law of Tort in Business Activities Assessing Particular Forms of Tortious Liability. Prepare this assignment according to the guidelines found in the APA Style Guide. An abstract is required. The main aspects regarding the law of tort in business activities could be seen in terms of issues relating to Consumer Protection, private nuisance or aspects arising out of Occupier’s Liability under its years 1957 and 1984 Acts. Again, provisions of the Sale of Goods Act 1979 (as amended under the Sale and Supply of Goods Act 1994) also impact tort liability for business activities.

The law of tort has its early roots in the verdict of a court in various English cases, including the decisive Donoghue v. Stevenson case, which established that manufacturers and suppliers need to maintain a standard degree of care in products which they deal with. While this could be largely circumstantial, it needs to be the degree of care, skill, and discretion which a person of ordinary prudence would need to exercise under similar situations.

The need for a duty of care, which underpins the aspect of tort laws in the UK, has been established in the seminal case of Donoghue v. Stevenson, (1932) House of Lords (1932) All ER.REP 1. In which the manufacturer of soft drinks was held liable for civil misfeasance in not ensuring that the consumable product met the highest quality standard and was fit for human consumption, being devoid of toxic elements.

Similarly, it is seen that people should refrain from doing harm to others, either willfully, or through negligence, and if they do so, they would liable for their own actions and it would become necessary for civil courts to institute proceedings to redeem wrongdoing through restitution and restoration. However, the plaintiff also needs to maintain a degree of care, in that s/he has to take due care and diligence to ensure that the defective product does not harm her.

In the 2002 case of B v McDonalds [2002] EWHC 490, relating to scalding injuries caused to applicant apparently due to coffee served in a defective container, it was held that “because the mere fact that a product is capable of causing injury does not, in itself, make it defective.