CIVIL LIABILITY

Aspects of Contract and Negligence for Business

Aspects of Contract and Negligence for Business

Case Scenario

The case being discussed in this report is of driver A and B, involved in the driving accident. A motor collision took place in which the driver A was severely injured and was admitted to the hospital for three months; his car was completely destroyed. Driver B was driving his employer's large delivery truck was at fault and escaped unhurt. Now the case is being reviewed for the criminal charges put upon the Driver B, besides any other civil liabilities presented in the UK's Driving Law.

Case Analysis

According to the case scenario, driver B is guilty of the injuries that occurred in the case, due to his negligent behaviour. According to the driving law, if any person injured by the driver than the injured person can file a case against it or sue for the damages. The case lies under negligence. Negligence is the malfunction to use that stage of care needed under the circumstances to avert damage to others. It can be a malfunction to precede (nonfeasance) or portraying heedlessly (malfeasance). It is performing that conceives an awkward risk of damage to others. The negligent proceed should conceive this risk; the actor is liable for the sensibly foreseeable outcomes of that negligence. Negligence should take into account the circumstances that battled the actor.

Civil liability is the obligation imposed on Driver B, to repair the damage he has caused to another, whether in nature or a monetary equivalent. Although, Driver B answers is the author of the damage, may be accountable to someone other than the tortfeasor, in which case we speak of "responsibility for acts of others" (Shearman & Redfield 1869, pp. 234), as, for example, when parents made to cover any damage caused for their children, or to the vehicle owner for damage caused by the driver because of the circulation.

Responsibility Contract: Obligations of Means and Results

In this case, where a rule or a contract to compel the debtor to act with prudence and diligence, the obligation considered average. This is the case with the obligation of a physician regarding the patient: the doctor has no obligation to heal, but to put their best endeavours and knowledge to serve the patient, i.e. to act in a prudent and diligent (although, there are exceptions in some cases the physician assumes an obligation of result, as in ...