BUSINESS LAW - TOPIC REVIEW #1: TORT OF NEGLIGENCE

SECTION A: SHORT ANSWER. (15 MARKS)

Please answer the following question using your own words. I will not accept answers that are copied from the slides/textbook /internet. Write the answer based on YOUR understanding of the principles. Each question carries 5 marks.

1. Negligence law requires a person to take care and not to harm his neighbours. In this context, explain how law determines who our neighbours are so that we can exercise our duty of care towards them. Provide ONE (1) example to illustrate your answer.

2. Explain how the reasonable man test is applied in determining whether or not the defendant has breached his duty to take care of the plaintiff. Provide ONE (1) example to support your answer.

3. What is contributory negligence? What would be the effect of a finding of contributory negligence against the plaintiff in a suit for negligence? Support your answer with ONE (1) example/case law.

SECTION B: CASE SCENARIO (15 MARKS)

Read the case and answer the question / issue in the case. In answering the case please use the IRAC method. Explanation of the IRAC method is available in the Handbook and Powerpoint that is uploaded in the course.

Honey Hijab is a very successful retailer selling shawls and Muslim apparel. Their shawls are very popular and most designs will sell out within hours of being released into the market. Recently in conjunction with their fifth anniversary, Honey Hijabs held a members-only sale for their limited edition shawls. On the day of the sale, a huge crowd was seen queuing outside their boutique and when the door was finally opened there was a mad rush of shoppers into the store. Unfortunately in the commotion, one of the shoppers, Leeza fell down and subsequently suffers various injuries from being stepped on by other shoppers before she was finally rescued by Honey Hijabs staff.

Leeza wishes to sue Honey Hijabs under negligence and claim damages for her injuries. Explain whether Leeza will be successful in her action.