Business Law Essay

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CONTENT PART 1 3 FACTS 3 ESSENTIAL ISSUES 3 RELEVANT RULE/LAW 3 APPLICATION 5 CONCLUSION 6 PART 2 7 ESSENTIAL ISSUES 7 RELEVANT RULE/LAW 7 APPLICATION 8 CONCLUSION 9 REFERENCE 9 PART 1 FACTS: Jean was a regular shopper at East End Four Corners Supermarket, which was part of a large nationwide supermarket chain. She was there at least once a week and sometimes more often if the specials were really good. When Jean was there this week, she slipped on some grapes in aisle 3 and broke her ankle. Grapes are normally found in the fruit section of the store and the store was not sure how the grapes got there or how long they had been there. The store manager indicated that there were a number of spillages every week in the aisles in this store. Is East End Four Corners Supermarket liable in negligence for Jean’s injury? ESSENTIAL ISSUES: Is East End Four Corners Supermarket liable in negligence for Jean’s injury? RELEVANT RULE/LAW: Let’s identify the legislation and cases that are relevant to the stated problem “Negligence is an omission to do something that a reasonable person would do, or doing something that a prudent and reasonable person would not do. It is the failure to exercise reasonable care and skill” (Gibson & Fraser, 2013) A Duty of Care: This is a duty owned by one person who is called “defendant” to another who is called “plaintiff”. Its basis is the relationship between defendant and plaintiff and the foreseeability of damage or loss. Foreseeability is a test for duty of care, answering question whether a reasonable person (in plaintiff’s position) would have predicted that there was a real danger of the probability of injury. “The reasonable person is someone of normal intelligence, credited with such perception of the surrounding circumstances and such knowledge of other

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