Thursday, April 18, 2019

Advise the Board of Directors of Choc Delux of their liability to Assignment

Advise the Board of Directors of Choc Delux of their liability to Kylie nether the civil wrong of negligence - Assignment ExampleThe inclusion of a new ingredient was not communicated to customers. However, it goat be argued that nuts are edible and are mostly used alongside cocoa. In this regard, Choc-Deluxe did not foresee any harm. According to tort law, harm should be foreseeable for a firm to be accused of negligence, thus, liability can be exempted. Consequently, the relationship between a firm and its customers is a bother. For a firm to be held responsible, there must be proof that it understands the customers situation, thereby proving negligence of the duty of apprehension (Caparo Industries Plc v Dickman 1990 1 All Er 568)The complications that arose from consumption of the product caused Kylie a huge frugal loss. However, there is a weak link between the companys products and the economic losses of Kylie. Choc-Deluxe cannot be accused of negligence since they had no i nformation about the chain of events that would lead to the loss. Thus, the duty of care cannot guard in such instance (Hedley Byrne V Heller 1963 Ac 465).In Bolton v Stone 1951 AC 850, a defendant cannot be deemed negligent if the pervert caused by the actions were not foreseeable. In the case of setback deluxe, the damages to the plaintiff could not be foreseen as her condition was not known to the company, thus, the company is not responsible for the violation of torts. Consequently, there was no established link between nuts and injury among more consumers, thus making Kylies a unique case.The extent of economic and health damage caused by consuming chocolate laden with nuts can be attributed to lack of proximity in the relationship between the firm and the customer. Irregardless of the fact that Choc-Deluxe needed to communicate to the customers about the changes, a tort could not be admitted since the company did not have the details of her special pile and if knowing her circumstances would have made an impact on the

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.