Business law Assignment Example | Topics and Well Written Essays - 2000 words - 6

Business law - Assignment Example(Harpwood, 2009). However, in the case if Donoghue v Stevenson the court established signifi standt principles to guide in the determination of the duty of fright individual owed some other and the range of duty of care a person can owe another.In a contractual relationship, one party owes the other a duty of care whose breach can result to sub judice consequences on the party in breach (Harpwood, 2009). However, in tortuous liability a person can be guilt of negligence for the person or persons are not contract parties if only in that location is evidence that the person in breach owed the other duty of care and they breached that duty which consequently caused the person they owned duty of care recoverable damages or loss (Steele, 2014). When determining whether the duty of care existed between the parties or whether it did not exist depends on type of claimant, type defendant, the character of damage caused to the claimant and the nature of co nduct of the defendant (Harpwood, 2009, P. 229).In Donoghue v Stevenson 1932 UKHL 100, the plaintiff had been bought a bottle of ginger-beer by her friend from a retailer. As she was about to clear the content of the beer, she discovered a decomposing snail in the bottle. The sight of the decomposing snail was nauseating so that it caused the appellant to suffer from shock and severe gastro-enteritis. The bottle was opaque such that uncomplete the trader nor the customer could realize the content in the bottle unless by emptying the content of the bottle. She was in competent to sue the seller either under breach of contract or for negligence, but she could sue the maker of the ginger-beer. The manufacturer had a duty to ensure the goods sold to the consumers are of the right quality and provide efficient system that would detect any fault in the products. When issuing the verdict the court developed the populate principle whereby the defendant will be held responsible