Monday, December 9, 2019

Negligence Business Outcome

Question: Discuss about theNegligence Business Outcome. Answer: Introduction To be liable under the law, it means that the person is responsible for the outcome of a particular result. Therefore, for liability to occur there must be the element of intent. For a person to be held accountable for an offense that he did not have the intention of committing, then the elements of negligence must exist. Negligence will only occur if the offender did not have the intention of committing the offense. On most occasions, business organizations normally commit negligence. This is because they fail to carry their mandate efficiently, hence breaching the duty of care that they owe to other parties. Therefore, business organizations can be liable for the offence of negligence when they owe a duty of care to the plaintiff, and they fail to honor the duty under consideration. This is a principle that was established in Donoghue v Stevenson. In this case, the court ruled that for the offence of negligence to be proved, the defendant must owe a duty of care to the plaintiff, and he has failed to honor the identified duty (Zirkel Clark, 2007). Furthermore, because of the failure to honor the identified duty of care, the plaintiff suffered injury. On this basis, if the actions of the business organization will cause injury, then the organization will be liable for negligence. For purposes of limiting the liability of negligence, the business organization must provide information to all its stakeholders, about its activities. For instance, an organization selling electronics must inform all its customers on the quality of the materials they are selling, their defects and strengths (Zipursky, 2015). This may help to save the business organization from lawsuits that may emerge due to unmet expectations. The organization must also insist that its employees follow the law and observe ethics, while associating with the stakeholders of the organization. Finally, for a business organization to be liable for negligence, it must be owing a duty of care to the plaintiff, and the plaintiff must have suffered harm from the actions of the business. The harm can either be physical, financial or psychological. References Zipursky, B. C. (2015). Reasonableness in and out of Negligence Law.University of Pennsylvania Law Review,163, 2131. Zirkel, P. A., Clark, J. H. (2007). School negligence case law trends.S. Ill. ULJ,32, 345.

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