Commercial law case study Example | Topics and Well Written Essays - 1750 words

Commercial law - Case Study Example If the defendant fails to come up to the customary, this will be a violation of the duty of care as judged by reference to the following factors: What did the defendant know? This is to say that, the defendant will only be legally responsible if the reasonable person would have foreseen the loss or damage in the circumstances prevailing at the time of the alleged breach of duty. Secondly, the degree of jeopardy of the situation. The bigger the risk that severe harm can be brought by, the greater the safety measures that the defendant will be required to take (Jance, 1999). This is to say the when the risk involve is of little magnitude, the plaintiff is required to take his or her own precautions and any claim of breaching of duty that will be presented by the plaintiff will be overlooked. However, when the risk is of greater magnitude, the defendant will be liable. Thirdly, is the communal significance of the defendants doings. If the defendants actions give out a socially useful function then they may have been justified in taking greater risks. Lastly, a defendant complying with a general practice in his area of activity w ill usually be well thought-out to have met the standard of a reasonable man, except the court judges the practice itself to be negligent (Bradgate & Savage, 1991). In order for John to establish a breach of duty by the Willow Council, carried out himself as a responsible and reasonable person. However, John, who had drunk too much champagne, was conducting his activities in an open space where everyone could see him. He got out of a car and dared his to friends, Mason and Janice, to climb over a two meter fence, that prevented people from going beyond it, and walk to the edge of the cliff. His friends refuse but John climbs over the fence and walk to the edge of the cliff. He loses balance, fall off and breaks his leg. A court analyzing these particulars will apply the