Business Management Affairs (TORT) Assignment Example | Topics and Well Written Essays - 1000 words

Business Management Affairs (TORT) - Assignment ExampleAgreeing with Gary, Simon instructed his solicitor to prepare a partnership deed in which Gary will be liable for ?50,000, i.e. his invested amount as start-up capital. However, the solicitor drafted Gary and Simon as joint partners accountable for equal and several liabilities. Following a substantial loss, the overseas office closed and the creditors attempted to sue Gary for ?100,000. This was unknown to Gary as the partnership deed was not scrutinised by each of the ii investors. In relation to the natural law of civil wrong, this circumstance can be affirmed to be received due to the inattentive behaviour of the solicitor and to a certain extent by Gary as well. Based on the tort Law of Negligence, the paper will intend to suggest recommendations to Gary considering the options based on which he can give birth legal actions against the solicitor. The discussion will further elaborate on rendering advises to the solicit or, evaluating the options available to him to defend himself. Principles of the Tort Law Tort Law has been introduced to provide solutions to the victims of nonperformance resulting in damage to the applicant. The three elements that need to be considered while analysing a case of inadvertence under this particular law are duty, sin and damage. In order to receive the applicants claim and make the defendant liable for the alter, these elements need to be satisfied. In another(prenominal)wise words, the defendant must be obliged to a duty of the claimant where the duty has been violated by the defendant and consequentially, damages have been caused. The damages can be described with two other sub-elements known as causation and remoteness. Causation refers to the claimants justification that had the duty not been infringed damage should as well not have happened. Whereas, remoteness is referred to a scenario where the claimant proves that the damage occurred was not impossib le and the defendant should not be held liable for it. The tort of negligence is concerned with situations where sensible care lacked that resulted in damage to the claimant (Adams, 2010). Meaning of the Law The law has been imposed to determine the negligence factors caused either by the defendant or any other person who should be liable to compensate the fiscal damages to the claimant. The claimant shall intend to prove that due to the negligence of the defendant, the damages have been occurred. On the other hand, under this law, the defendant attempts to prove that the negligence was not caused purposely and to some extent shall not be liable to the damages caused to the claimant. The law gives the opportunity to the courts to calculate the damages in references to the fault exhibited either by the claimant or by the defendant (Keenan & Riches, 2011). Recommendations to Gary It has been witnessed that due to negligence or carelessness of the solicitor, Gary has been held responsi ble for the liabilities to the creditors. Even though it is the solicitors mistake majorly, to some extent, Garys negligence of not reading the partnership deed can also be considered as a cause to his financial losses. In this context, Gary should take legal actions against the solicitor under the Professional Negligence Law. Gary has to prove that the financial loss, he is going to suffer, is due to the professional negligence or