edf40wrjww2CF_PaperMaster:Desc
Liam Feeney
0206956
LA250 Assessment
Business Law 1
Jason Campbell
04/04/2004
Mr Alvin Gaxton
Bennies Buses
Managing Directors Office
Dundee
Dear Mr Gaxton:
While looking over the information, which you sent me, I am replying to advise you of the liability that Bennies Buses has in Delict towards Chic Purcell, and Sheila Seitall. This is based on them both of them lodging claims against. Also, I shall give you my opinion on Ben Kerr's Unfair Dismissal claim, and whether or not it is valid.
a)
The way that the events happened, makes the liability for the accident difficult. The accident happened in the yard due to a spillage of oil. With Chic Purcell getting out of his van to deliver replacement parts, he was unaware of the oil, and proceeded to slip on the oil. This caused for Sheila Seitall, who noticed the accident, to run across the yard to help the injured delivery man. She also slipped and injured herself.
With regards to Law, there are many factors, which can sway the claims. I will now discuss what Delict is, and the sections which are relevant to the claims.
Delict is a civil wrong, which involves a deliberate or negligent breach of a legal duty. In order for there to be a Delict, a duty of care must be owed. The main principle for delictual liability is known as Damnum Injuria Datum. These are the three sections, which must exist when a delict is viable.
? Damnum is the loss which is being sustained by the injured party.
? Injuria is the conduct, which amounts to the legal wrong-Are you under a duty of care to take precautions to ensure that a person acting lawfully comes to no harm.
?&n ...