Fundamentals of Business Law Assignment Case Study

Fundamentals of Business Law Assignment - Case Study Example This case cannot be heard in a higher court. It can best be referred to the District Magistrate's courts. And because it is a criminal wrong, Joe would likely either be imprisoned for a given number of years or fined. He can also be punished by way of corporal punishment. This is a civil case but which relates between employees and employers. The case will be heard in an industrial court which is an administrative tribunal i.e. a body given the power of an administrative nature. This case involves commission of the tort of negligence because the employer has not taken reasonable steps to guard the machines. And in the process, it has caused injury. The judge of the industrial court can appoint two assessors from a panel of assessors appointed by the concerned minister. One assessor represents the employer and the other represents the employees. But the assessors only give an opinion. The decision of the courts is final and the result of the judgement is called an award. This is a criminal offence. In fact Del has committed an economic crime by failing to pay large sums of value added tax. And since the amount of money involved is huge, the case will be heard by the High Court. If Del is of the opinion that he has not been given a fair trial, then he can appeal to the court of appeal. Del is likely to be fined i.e. pay the tax added plus penalty. Prima facie, this can appear to be a civil case. But whether the employer has perpetrated any civil wrong will depend on the agreement made between Millie and her employer. Be it as it may, she has a right to sue. This case would be heard by the industrial court. It is the industrial court that hears cases between employees and their employers. Based on the judge's opinion, she might be paid as her colleagues. Question Two Whether Cules can recover compensation from Humpty or Alec the rules of law that govern this case are whether the essential elements of negligence can be proofed in order for an action for negligence to be maintained. In order for Giles to successfully sue and recover compensation from Humpty or Alec he must prove the following. i. That they owed him a duty of care. ii. That Humpy and Alec breached legal duty. iii. That he Giles suffered injury as a result of the breach of duty. 2 Humpy and Alec owe no duty of care to Giles. Humpty was to provide a loan to Giles and had no duty over Gile's chicken business. On the other hand, Alec was only approached to give advice concerning the loan and not on whether it was appropriate to purchase the machine. In Burwill v. Young a house wife was alighting from a tramcar. A motor cyclist passing on the other side of the tram collided with a motor car, the noise pf the collision resulting in the plaintiff suffering nervous shock and subsequent miscarriage. She brought an action of negligence on the motor cyclist personal representative. The action failed and it was held that at the time of the collision, the plaintiff was not there therefore he did not owe