Aspects of Contract and Negligence for Business Essay

Aspects of Contract and Negligence for Business - Essay Example Under the contract law, the parties to the agreement are directly responsible for their performance or failure to discharge their duties as stipulated in the contract (Engel & Mccann 2009, P.146). Therefore, under contract law, individuals are responsible for failing to accomplish their promises to the other party while in tort liability arises due to commitment of civil wrong or breach of other peoples civil rights. Negligence Liability Under the law of contract, parties to the contract are considered careless where they partially, wrongly or totally fail to discharge their obligations according to the conditions of their agreement (Macqueen & Zimmermann 2006, p.145). For example, if a transporter was hired to ferry some goods belonging to another individual and fails to deliver the goods, then that transporter is liable for not . However, under the law of tort, a person is careless if he or acts wrongly or fails to act where they were required to do so hence causing another person harm. For example, in Vaughan – v – (Menlove 1937) 3 Bing N.C. 468 the defendant was given a warning that the stack he had kept would catch fire, but he said he could manage them (Macqueen & Zimmermann 2006, p.171). ... A business may be vicariously liable for tort committed by their workers to other people during the normal processes of discharging their official duties. For example in the case of Cassidy – v – Minister of Health 919512 K.B.343 where a patient was operated his left arm by the employees of the hospital, but out of the carelessness of the employees, the patient hand sustained permanent damages hence rendering it ineffective (Bergelson 2009, P. 58). The patient sued the hospital, and the hospital was held responsible for their workers’ carelessness. However, in order for the employer to be responsible for their employee’s tort, the employees should have acted under their usual way of discharging their duties and must be under full control of their employers who also pays their salaries. Scenario Tort refers to commission of wrongful act to other people or failure to do right to other people when one has a responsibility to do it, hence causing injury to oth ers whom he owned duty to serve responsibly (Engel & Mccann 2009, P. 149). For a plaintiff to succeed in a legal suit against defendant for tort, he or she has to prove that the defendant was in charge of protecting the act or omission from happening. The plaintiff is also liable to prove to the court that the defendant actually defied his or her responsibility to protect the plaintiff. However, it is not enough that the defendant acted irresponsibly or failed to act as required b the law, but the plaintiff should confirm that it was through defendants conduct they sustained injuries. At times, the conducts of the defendants my cause injury to the plaintiff without defendant