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Law in Business Essay Example | Topics and Well Written Essays - 2000 words

Law in Business - Essay Exampleding health and safety in the workplace, in order to determine whether a claim should be brought for breach of the legislation instead of a simple claim in negligence. After examining all of the above it should be possible to reach a conclusion with regard to the potential claims of each party, and to advise them on the prospect of bringing a successful action against the employer.In bringing a claim for negligence the plaintiff has to demonstrate that the respondent owed them a duty of care1 and that as a direct result of a breach of that duty they have suffered financial loss or injury. One of the key factors used by the courts in assessing liability is the foreseeability of the event. The court will analyse the circumstances of the incident and then determine from there, whether the respondent ought to have foreseen the outcome, or should have anticipated that such an event might occur.Duty of care was first addressed in Donoghue v Stevenson2. As a result of this case the neighbour test came into existence.