Mark, Peter and Mary were out on a Saturday night celebrating the successful formation of a new business venture. They went to a special restaurant up in the hills, Hilltop Point, to mark this occasion. After a great night of eating and drinking, they decided to continue their party at Watchout Point, a scenic hilltop spot with a spectacular view of the city. On their way, they stopped at a bottle shop to buy 2 bottles of premium French champagne.
When they reached Watchout Point, they parked the car at the car park which was located at the top of the cliff. There was a 2 meter fence to prevent people from going beyond that point as it was not far away from the cliff edge. There were no warning signs but the cliff was very visible. Anyone can very clearly see the cliffs. In fact, the cliff was part of this beautiful scenery which attracted visitors. At first, the trio sat in the car and chatted and drank champagne. As the night progressed Peter, who had too much to drink, got out of the car and dared the others to climb over the fence and walk to the edge of the cliff. While the others were reluctant, Peter climbed over the fence and walked to the edge of the cliff. He lost his balance and fell off the cliff and broke his leg. Peter wishes to sue the Willow Council who is responsible for Watchout Point.
What must Peter do to establish a breach of duty by Willow Council? Is Peter likely to succeed in establishing such a breach? Give reasons for your answer.
The champagne bottle that the trio purchased had a very special kind of cap. Instead of the usual cork held in place by wire, it had a metal cap and a cork stopper. Mark opened the cap and tried to pour the champagne into a glass. When nothing came out he shook the bottle a little. The cork stopper suddenly ejected and hit Mark’s nose. He sustained a blood nose and was in pain for 3 weeks. There wasn’t any warning anywhere in the bottle about this kind of cap. This sort of cap is very common in France and used by most French wineries.
Mark wishes to sue the wine company. Will he succeed? What must he establish?
There are two issues in the present case which need to be decided. The first issue is if the Willow Council can be held liable for the injuries suffered by Peter. Peter has broken his leg when he fell off from the cliff from the Watch out Point when he was celebrating the success of their business ventures with Mark and Mary. Therefore the question arises if it can be established that Willow Council is liable under the law of negligence for the injuries suffered by Peter. For this purpose, it needs to be seen if Willow Council had taken all reasonable steps due to which the people may be prevented from falling off from that point. Briefly speaking, the issue is related with the duty of care and if Willow Council owes such a duty towards Peter. There is another issue in the present case that is related with champagne manufacturer’s liability towards Mark. Mark was hit by the cork stopper of the bottle and his nose started to bleed when Mark was opening the bottle. In this case, the bottle had an unusual cap and no warning was present on the bottle to warn the persons opening the bottle.
Rule: in order to decide the liability of Willow Council towards Peter, first of all, it has to be seen if the council owes a duty of care towards Peter and at the same time, it also needs to be established that such duty has been breached by the Council (Greatlakes Shire Council v. Dederer, 2006). In this regard, the law also requires that the injuries suffered by the claimant should be directly caused by the breach of duty and in this way, the injuries can be said to be a reasonable result of the acts of the defendant. Usually in such cases, the parties take recourse to the duty of care for claiming compensation (Wyong Shire Council V. Shirt, 1980). The doctrine related with the duty of care provides that a party can be liable towards the other party in some cases under the law of negligence. The leading case in this regard is that of Donoghue v Stevenson (1932) where Lord Atkins discussed the neighborhood principle. In this regard, Lord Atkins mentioned in this case that a party has to take reasonable care to avoid the acts or omissions that may cause an injury to the neighbor of such party.
The court tries to see in this type of cases if the parties were in a reasonably approximate relationship. At the same time, the court also sees if the loss of the damage suffered by the claimant was caused by the act or omission of the other party and such loss or damage was reasonably foreseeable. Another requirement in this regard is that the risks should be of such a nature that under similar circumstances, such a risk could have been reasonably foreseen by any other reasonable person (Greatlakes Shire Council v. Dederer, 2006). Another requirement for establishing the duty of care is to see if it would be reasonable under the circumstances that a duty of care is imposed by the court on the defendant in a given case.
The concept of duty of care was discussed by the court in Blyth v Birmingham Waterworks Co. (1856) where it was mentioned that the negligence of the defendant needs to be decided with the help of standard of reasonable person. In this way, it cannot be said that the defendant was negligent if the defendant had taken all the reasonable precautions and therefore it can be said that the conduct of the defendant was according to the standard of care of any of the reasonable person. Another significant case in this regard is that of Caparo Industries v Dickman (1990). In this case, the test for deciding the duty of care was provided by the court. According to this test, in order to establish the duty of care of the defendant, it has to be considered if the injury or the loss of the claimant was caused by the conduct of the defendant and such injury or loss was reasonably foreseeable. Another requirement is that there should be sufficiently proximate relationship. This means that under the circumstances of the case, they are considered as neighbors. It is also required in such cases if imposing liability on the defendant would be just and fair (Keenan, 2007).
The legal position is that generally a duty of care is not owned by the defendant if all the reasonable steps have been taken that were required to prevent or reduce the harm that may be suffered by the other party due to such conduct. But if a potentially dangerous situation has been created even without any fault of a person, the duty of care provides that such a person should have taken all reasonable steps in order to make sure that any other person does not suffer a loss or injury. It also needs to be noted and in this regard that a person can be held responsible for breaching the duty of care for only an omission also. Similarly if there is a previous relationship between them, it can be said that the defendant has breached the duty of care. In this regard it also leads to be noted that in some cases, a statute may also impose such a relationship on the parties (Sappideen et al, 2009).
The second issue in this case is related with the liability of the champagne manufacturer as Mark was hit by the cork stopper of the bottle. In its decision in Donoghue v Stevenson, it was stated by the court that the tort of negligence is an individual tort in itself. Civil action can be taken by the plaintiff if the negligence of the defendant has resulted in a loss or injury to the plaintiff. But prior to the decision of the court in Donoghue v Stevenson, it was necessary for the plaintiff to prove that a contractual agreement was present between the parties for establishing negligence. But in this case, the drink was not purchased by the plaintiff and therefore the plaintiff and defendant were not in a contractual relationship. Despite this situation, the manufacturer was held to be liable for negligence. Therefore, it has been firmly established that a duty of care is owned by the manufacturers towards their ultimate consumers.
Application: Mark, Peter and Mary had consumed champagne while celebrating their business venture at Watchout Point. After drinking champagne, Peter walks towards the edge and asked others to do so but Martin may remain in the car. On reaching the edge of the cliff, Peter loses his balance and falls off. Due to the fall, Peter suffers injuries and also breaks his leg. But it needs to be noted in this case that the Willow Council had erected a 2 m high fence so that the visitors to the Watchout Point can be prevented from going near the edge. Although warning signs have not been installed by the Council at that point but declared was clearly visible to the visitors. The pledge was in fact a part of the enchanting scenery due to which a number of visitors were attracted to that place.
Therefore the question arises if it is possible for Willow Council to install warning signs at all the places where there could be a danger of falling off. At the same time, as a result of the limited resources of the Council, it needs to be seen what can be reasonably done by the Council to prevent people from falling off that place and had the Council taken all those steps in this case.
There is also the issue of champagne manufacturer's liability for the injury suffered by Mark by the cork stopper of the bottle. The legal position in this regard is that it is the duty of the manufacturers to warn the consumers and such duty should be reasonably discharged by them. In the present case, it was the duty of the champagne manufacturer to inform the ultimate consumers that the bottle has peculiar cap and therefore a person may be injured if it is not handled properly. But in the present case, the manufacturer of premium French champagne has not mentioned any warning on the bottle of champagne. Therefore, while opening the bottle, the cork stopper hit Mark and he had a bloody nose.
On the basis of the above mentioned law and its application to the facts of the present case, it can be said that the duty of care has been discharged by Willow Council towards Peter. Therefore, it cannot be said that the council is liable for the injuries suffered by Peter. The reason behind this conclusion is that the Council has taken all reasonable precautions in this case to prevent the people from falling off the cliff. On the other hand, the second issue in this case that deals with the champagne manufacturer's liability, it can be stated that the manufacturer of premium when champagne can be held liable for the breach of duty of care as the ultimate consumers of the champagne were not warned that the bottle contained a particular cap which could injure the consumers while opening it, if it is not handled properly. As a result, it can be said in this case that Mark can be successful if he decides to initiate action against the wine company.
Keenan (2007) Smith & Keenan's English Law (15th edn), Pearson Longman
Sappideen, Vines, Grant & Watson, 2009, Torts: Commentary and Materials, Lawbook Co, 10th ed, pp. 374-5
Blyth v Birmingham Waterworks Co (1856) 11 Ex 781
Caparo Industries Plc v. Dickman (1990) 2 AC 605
Donoghue v Stevenson (1932) AC 562
Greatlakes Shire Council v. Dederer & Anor  NSWCA 101
Overseas Tankship v. Morts Dock & Engineering Co., Ltd.  AC 388 (Wagon Mound case)
Wyong Shire Council V. Shirt  HCA 12; 146 CLR 40
Commercial law deals with all aspects of business involving marketing and advertising, bankruptcy and collections, contracts, banking, negotiable instruments, secured transactions and trade in general. It encompasses both domestic and foreign trade; it also regulates trade between states. To know more, you can avail our commercial law assignment help service.
To sum up, we can say commercial law governs
- Transactions between business entities with the exception of maritime transportation of goods
- The rights, relations and conduct of persons and business engaged in commerce, merchandising, trade and sale
- Settle issues concerned with affreightment, banking, insurance, etc.
Benefits of learning commercial law for students
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Importance of commercial law in corporate world
Democratic society revolves around the commerce. Economics and commerce are synonymous to each other during commercial law assignment help. One society that wants to be strong economically has to be strong in commerce as well. One way of doing so is to have a strong set of laws and regulations protecting business which are described in details by our commercial law assignment help writers. Commercial law provides safeguard to the business that enter into agreements with others and provide resolutions when things don’t go as planned.
Outline of commercial law
Commercial law is a vast area of study described in our commercial law assignment help material. So to make it more feasible for learning, this discipline is divided into eight sub-categories. Let’s have a look at the sub-categories in brief.
According to common law legal systems, contract law, say our commercial law assignment help experts, deals with an agreement that is entered into voluntarily by two or more parties in order to create one or more legal obligations between them.
As per our commercial law assignment help writers, it is the field of law concerning companies, corporations, partnerships and other business organizations.
A set of law that promotes, seeks and controls market competition by administering the anti-competitive conduct by companies, explain our commercial law assignment help writers.
It is a group of laws through which organizations control the rights of consumers as well as fair trade, competition and accurate information in the marketplace, mention our commercial law assignment help writers.
Collective laws, according to our commercial law assignment help experts, designed to describe a network of treaties, statutes and regulations addressing the effects of human activity on the natural environment are known as environmental law.
- Intellectual property law
A legal term — described in commercial law assignment help material — which refers to creations like music, literature and other artistic works and inventions.
An appropriate set of rules and customs, elaborated in commercial law assignment help material, designed to handle trading between countries.
A group of laws that mediates the relation between workers, employees, trade unions and the government, point out our commercial law assignment help experts.
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Related areas of commercial law
There are few other disciplines that are closely interrelated with commercial law subject.
- Legal aspects of computing
The legal aspects of computing that governs the digital dissemination of both information and software itself. Commercial law assignment help experts say that the law mainly regulates the digital information issues and is described as ‘paper laws’.
- E-commerce law (electronic commerce)
Commercial law assignment help experts state that this group of laws refers to the internet based industry where the companies and customers exchange (buy and sell) their products or services via electronic means.
The area of law, explained in commercial law assignment help material, that dictates various forms of ownership and tenancy in real property and in personal property.
This legal study, explain our commercial law assignment help experts, governs the constitutional, common law, statutory, tax treaty and regulatory rules. These rules are responsible for constituting the law applicable to taxation.
Business entities and contracts
- Business entity
It is characterized as a body of the individual in commercial law assignment help material. The entity is formed and administered by commercial law in order to engage business activities, charitable work or other allowed activities. There are many types of business entities in the legal system of various countries. Here is the list of the common types of business entities that exist everywhere.
- Sole Traders
- Limited Liability Company
The term ‘contract’ is defined in commercial law assignment help material by an agreement mentioning a set of obligations enforceable by law. Contracts are the mode of exchanging promises that the law will enforce. The laws related to contract incorporate the decrees that must be breached or recognizes the performance of a promise as a duty. Contracts are written on the basis of three essential elements —
- An offer must be made by the identified party. It must possess the particulars and certain terms. The offer in commercial law assignment help material should reflect the present intention to enter into an agreement.
- An acceptance is the next step in commercial law assignment help material where the opposite party (the party that did not make the offer) accepts the offer in order for a contract to be formed.
- Consideration is the final element in commercial law assignment help material and as well as required in forming a contract. It refers to bargained-for exchange. This concept mentions that the person who promises to do something must receive a benefit in return.
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By definition, dispute resolution is the course of resolving conflicts between parties. Here are the following methods of dealing with disputes. If you need detailed knowledge, you can have a one-to-one conversation with our subject experts who have specialized knowledge in this subject.
These are the civil action, which according to our commercial law assignment help experts are taken by a party (who alleges to have incurred a loss happened by defendant's actions) demanding a legal or equitable remedy.
It is a technique, mention our commercial law assignment help writers, through which the parties resolve the dispute outside the courts. It is a form of alternative dispute resolution (ADR).
It is the legal course, explained in details in commercial law assignment help material, that offers chance to couples (who have decided to separate and end their marriage) to work with their lawyers in order to come up with a settlement that best meets the specific needs of both parties and their children.
It is also a form of alternative dispute resolution (ADR). It is a way of resolving disputes, say our commercial law assignment help experts, between parties with concrete effects.
It allows parties to use a conciliator (the one who meets with the parties both separately and together) in order to resolve their differences as described in our commercial law assignment help material
Two major processes of dispute resolution
In this process as described by our commercial law assignment help experts, a judge, jury and arbitrator control the outcomes like litigation and arbitration.
In this type of process, say our commercial law assignment help, the parties attempt to reach agreement. For example, collaborative law, conciliation, mediation and negotiations.
Current issues in commercial law
Due to overpowering technology ideas, this discipline which requires commercial law assignment help leads to the need for both staying abreast of new legislation and regulations and also adoption of existing laws to new technologies. The risk of intellectual property abuse by imitators across the globe is identified as a growing problem by our commercial law assignment help writers. Along with this problem, the macroeconomic climates in commercial law assignment help continue to look highly uncertain. As a result, the trading conditions in commercial law assignment help are challenged for many businesses.
The subject of law in commercial law assignment help is evolving day after day. To give the latest information in your assignment writing, you must take assistance of our commercial law assignment help services.
Commercial law of Australia, UK and USA: An overview
Laws are implemented by following the constitutions and every country has its own law structure. For more on it, take our commercial law assignment help. This is the reason commercial law varies from one country to another. Here we are going to discuss the major elements of commercial laws of three developed nations. To acquire further expertise on the subject, you can avail our commercial law assignment help services.
Commercial law of UK
Commercial law of UK is responsible for regulating the sale and purchase of goods and services.
- English property, according to our commercial law assignment help experts, is the foundation of the commercial law in UK. It involves English Land Law, English Trusts Law, English Personal Property Law and United Kingdom Intellectual Property Law.
- The Competition Act 1998 and the Enterprise Act 2002 are the most important statutes of UK Competition Law. For more on this, take our commercial law assignment help.
- Under UK Labor law, the Working Time Regulations 1998 give the right to 28 paid holidays, break from work and attempt to limit excessively long workings hours, mention our commercial law assignment help
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Commercial law in USA
In the USA, commercial law covers both United States Congress under its power to regulate interstate commerce and the states under their police power. The USA has made numerous attempts to refine the body structure of commercial law and general adoption of the Uniform Commercial Code is the best of those efforts. There are various regulatory schemes that control how commerce is conducted, particularly vis-à-vis employees and customers. Privacy laws and safety laws (such as the Occupational Safety and Health Act in the USA) and food and drug laws are few examples. To know more, take commercial law essay help from our commercial law assignment help writers.
Commercial law in Australia
The major laws — mentioned in commercial assignment by our commercial law assignment help writers — that controls the Australian commerce system are law of agency (types of agents, their authority and power, agency and other legal relationships) transfer of property in goods (contract of sale, transfer and preservation of property, transfer of title and remedies for the sale of goods), law of partnership (nature and formation of partnerships, relationship of partners amongst themselves, liability of partners, dissolution of partnerships and limited partnerships). To know more, take commercial law help or commercial law assignment help from our in commercial law assignment help experts.
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