Corporate Laws Assignment

Question: It's about negligence. Essay needs to discuss about duty of care, breach and damage in all case by showing the reference case of it needs. Essay need to be written in IRAC form. (Issue, rule, application,conclusion. Answer: Issues In the given scenario in the case, the primary issue that is involved in the case is that whether there is any claim of Oleocampo through Micheal can file a law suit against Ridgeley for negligence. The other issue that is involved in the given scenario is that whether Julie, the worker in Oleocampo can sue Ridgeley for the failing to meet payments on the mortgage. Relevant Laws In resolving the issues of the given scenario, the laws relating to negligence has to be discussed in details. The act of negligence occurs when one person owed the duty of taking reasonable care and failed to do any act that any reasonable person should have done in taking the reasonable care. In addition to that the failure to take the reasonable care has resulted in the damage or injury to any other person (Alexander 2015). In the Southern part of Australia, the Civil Liability Act of 1936 is involved in making the assessment of the acts of negligence by any individuals and the amount or type of liability that incur on such individuals as a result of such negligence. In case any person sues another person in a suit of negligence, then such person is considered to have been seeking the financial compensation for the damage sustained on his or her part. The purpose of seeking the compensation in the financial terms in any suit of negligence is to put the victim of negligence in that position if the negligence has not occurred. In the general situations where negligence act is alleged is commonly in cases of car accidents or injury of personal property of other persons or medical or professional negligence (Barker et al. 2012). In order to make the determination of the act of negligence the following factors is entitled to be considered: Defendant owes the duty of taking care towards the plaintiff. Breach of care by the defendant Injury sustained by the plaintiff Relation between the injury of the plaintiff and the duty to take care by the defendant In a case of negligence if the all the above-stated elements are established then the suit of negligence can be filed and won in a Court of law. The first element that is the duty to take care determines the obligation on the part of any person in avoiding any injury or harm that is foreseeable if any care has not been taken (Fordham 2013). Application of the law in the given case In the given scenario, George Michael is the owner of the Oleocampo Company that is engaged in the supply of best quality of olive oil in the Koala island. The problem cropped up when in the adjacent firm of the Oleocampo, a person named Ridgeley by mistake sprays chemical pesticides in the groves of Oleocampo. As a result, of this incident, the quality of the olive oil of Oleocampo came down. As a result of that Oleocampo failed to supply olive oil to their customers at the price in which it was entitled to sell the oil. The Company Oleocampo sold the oil at a lower price. For the lowering down of the price the Company Oleocampo has to make a reduction of its 25% staff. As a result of that one lady named Julie lost her job and failed to meet her payments of mortgage (Stewart and Stuhmcke 2014). In the given case, there is breach of duty to take care by Ridgeley in spraying the groves. He should have been more careful while spraying. As a result, of the act of Ridgeley, the Oleocampo Company has to suffer a financial loss and hence can sue Ridgeley in a suit of negligence. In the case of Julie, her fact of losing job and failure to make the payment of her mortgage money is directly foreseeable to the act of Ridgeley. Hence, Julies claim against Ridgeley would be successful (Gibson et al. 2013). Conclusion In the conclusion, it can be said that the Company Oleocampo has the right to file a suit of negligence against Ridgeley. Julies claim against Ridgeley will be successful against Ridgeley. Reference List Alexander, K., 2015. Tort Liability for Ratings of Structured Securities Under English Law.University of Oslo Faculty of Law Research Paper, (2015-06). Barker, K., Cane, P., Lunney, M. and Trindade, F., 2012.The law of torts in Australia. Oxford University Press. Fordham, M., 2013. Legislation and Case Notes: Contributory Negligence and the Disabled Claimant.Singapore Journal of Legal Studies, p.192. Gibson, A., Richards, B. and Blay, S., 2013.Torts Law in Principle. Law Book Company. Goudkamp, J., 2016. Reforming English Tort Law: Lessons from Australia.Damages and Compensation Culture: Comparative Essays, Forthcoming.