Law Case

Essay by EssaySwap ContributorUniversity, Master's February 2008

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To attempt this case we need to first determine which are the issues of law that are applicable to this case.

The issues of law that we can identify are: Ø Was there a duty of care owed by the Manufacturer to A and the clients or was there one owed by A to the clients? And which ones were breached? Ø Was there negligence on the part of the Manufacturer to A? Ø Was there an invitation to treat between the Manufacturer and A or was it an offer? Ø Who was there a contract between and were they legal and void? Ø Was the advertisement in the newspaper misrepresented and misleading? A tort is a civil wrong other than a claim for breach of contract. In other words, it is when one person harms another and causes personal damage in the form of a dollar value.

This is what we need to establish with regard to A and his client?s guests.

If the guests have suffered damage in accordance with the rules of liability, providing that the rules are correctly stated, then they are victim?s of the tort and are entitled to compensation from A.

In this case, the law of tort deals with the injuries and damage caused to A?s client?s guests. Due to A?s negligence in the use of the dishwasher, there was great harm done to the guests of A?s client.

Therefore, by A interfering with the qualified rights (this is indirect interferences with the guests) of A?s client?s guests, injuries to the guests have been caused in the form of illness and permanent organ damage.

So, in one case, A has been negligent to the guests, but is it possible that the Manufacturer of the dishwasher has been negligent to A? Can it be...