Question 1

3 elements of Negligence that Harry must prove are:

Duty of care: It depends upon whether the defendant owns a duty to the plaintiff and in this it has been observed that the defendant that is Joseph owns a duty to the Harry as he is the owner and the manager of the restaurant. It holds a fiduciary responsibility owned by Joseph as a defendant which puts an expectation up to a certain limit in their services and quality products. It’s their duty to take proper decisions with honesty and try to avoid unnecessary risks. It applies to the role of the higher level of designations and failing to uphold the duty of care may lead to legal proceedings. apart from this another main function of this is the duty of loyalty. Here duty of loyalty means it seeks to inhibit the owners from taking best actions of the co-operate to dissect their personal advantages which are not available to the other shareowner. In this case Harry has incurred loss of $4000 medical costs, $40000 in form of earnings and $4000 as a non-refundable deposit which he paid for accommodation in hotel at the green spring’s hotel in Sydney (Ben-Shahar & Porat, 2016).

Cause in Fact of the Injury: it is related to the injury caused by one party to another one. It reflects the potential of the negligent party that they had done something which injured another party, if this has not happened then the injured party would not have been injured. Earlier these negligence law put binding responsibility on a defendant for a complainant’s damages, it provides that the complainant to creates a cause effect relationship with the negligence and the detriments. Occasion thus prepares this negligence fundamental to join the defendant’s incorrect to the complainant’s damages (Steinman, 2017). Numerous people are affected or harmed daily on road accidents. While numerous similar incidents are contributing to the careless of one or to other persons, numerous others affect from average bad days or the negligence. Greste of victims by their own.

 In this case the Harry can put an argument on the owner of the restaurant that he must have informed them about the breaking down of the refrigerator at the time of ordering and must have removed the prawn meal from the menu and by doing so both Harry and Tom would not be get injured and they would to make such huge loss just by taking their services.

Damages and harm: In this case the person who starts the legal action against someone in the court for its physical injuries, or some kind of asset like car, bike or house, health.  It is not sufficient that the person who is accused of the charges fails to put a reasonable argument (LINE, 2022). To win a case a plaintiff must have to prove that he was injured by the opposition party. Only the fear to get injured is not a proper reason to file a case against them. These types of laws create a problem mainly in medical and industrial cases. The negligence by the doctor or an institute may affect the workers or the staff members. This is now leading to increase in the number of cases inn the court which led to the diligence of the court. This rule is exceptional to the other rules which says that damages are to be shown if the plaintiff is in a fear of causes of injury from a claustrophobic action.

Joseph as a defendant must argue that the does not owe any duty of care as Joseph had put a warning at the reception desk about the breaking down of the refrigerator and put up a disclaimer that they (Joseph) should not be held responsible for any injuries caused by consuming prawn meal. Here precedent is related to the decisions which concerns with judicial principle, which creates a dependable fundamental known as ratio decidendi. These courts try to restrain in avoiding or overpowering for uniformity and stability but there are several other reasons which are beyond limits and inhibits the long growth of the countries law.

Question 2

Losses of Harry accounted in the following ways:

1. For medical it costs him $4000.
2. In earnings in lost $40000.
3. For hotel accommodation deposit he lost $4000.

In total Harry had a loss of $48000 which is huge amount. in the provided case the losses are not likely to get recovered fully but some percentages of the total loss can be expected to get recovered. Here the loss which Harry made for hotel accommodation deposit finds difficult to get recovered as refunding money was not against the policy of that hotel, while medical cost and some percent of earnings could be recovered if the court felt to do so. His medical cost and earning comes under the proximate cause of damages which can be claimed with the proper legal process (Ben-Shahar & Porat, 2016). Damages in the term of law is a type of compensation mainly due to breach , injury or loss. These are allocated in tort law or also known as breach of contract. Any party which causes breach of contract is likely to pay the cost to the injury, loss or damages. There are various types of damages which are namely ordinary damages, special damages, exemplary damages, nominal damages, damages by delay, pre-fixed damages. These have different meanings and different connotation’s.

Question 3

3 elements of negligence that Tom must prove are:

Duty of care: it depends upon whether the defendant owns a duty to the plaintiff and in this it has been observed that the defendant that is Joseph owns a duty to the Tom as he may have served him the expired “king fish”. After that Tom felt nauseous and complained of stomach pain. As of result of these Tom was unable to deliver and thus lost the government contract (Aliza, et al., 2021). It holds a fiduciary responsibility owned by Joseph as a defendant which puts an expectation up to a certain limit in their services and quality products. It’s their duty to take proper decisions with honesty and try to avoid unnecessary risks. It applies to the role of the higher level of designations and failing to uphold the duty of care may lead to legal proceedings. apart from this another main function of this is the duty of loyalty. Here duty of loyalty means it seeks to inhibit the owners from taking best actions of the co-operate to dissect their personal advantages which are not available to the other shareowner. In this case Tom has incurred loss profit of $10000, medical expense of $5000 and majorly he also lost an “Egyptian Government Contract” for sale of 2 tons of Australian sheep skins (Ajekwe, et al., 2017).

Cause in Fact of the Injury: it is related to the injury caused by one party to another one. It reflects the potential of the negligent party that they had done something which injured another party, if this has not happened then the injured party would not have been injured. Earlier these negligence law put binding responsibility on a defendant for a complainant’s damages, it provides that the complainant to creates a cause effect relationship with the negligence and the detriments. occasion thus prepares this negligence fundamental to join the defendant’s incorrect to the complainant’s damages. Numerous people are affected or harmed daily on road accidents. While numerous similar incidents are contributing to the careless of one or to another person’s, numerous others affect from average bad days or the negligence. Greste of victims by their own. Cause in fact refers to the cause and effect relationship between the defendant’s tortious conduct and the plaintiff’s injury or loss.it is considered as a more complex process of negligence in which causes in causes in fact is taken under consideration and it is shown to the injurer help to reduce the harness magnitude of the loss, damages and injury.

Thus , these type of low negligence objective is to tackling in the bad effects of the jury to provide the final decision which is inclined by the tort law. As a principle of tort law, it refers to a rule which plaintiff have to prove that the actions of the defendant had put him in this situation. Else if the actions of defendant is provided a long cascading events which could have been stopped to damage, loss or injury to the lead of plaintiff.

Damages and harm: In this case the person who starts the legal action against someone in the court for its physical injuries, or some kind of asset like car, bike or house, health.  It is not sufficient that the person who is accused of the charges fails to put a reasonable argument. In this case Tom got the stomach pain by consuming “King Fish” red wine. To win a case a plaintiff must have to prove that he was injured by the opposition party. Only the fear to get injured is not a proper reason to file a case against them. These types of laws create a problem mainly in medical and industrial cases. The negligence by the doctor or an institute may affect the workers or the staff members. This is now leading to increase in the number of cases in the court which led to the diligence of the court. This rule is exceptional to the other rules which says that damages are to be shown if the plaintiff is in a fear of causes of injury from a claustrophobic action.

In this case Tom can put an argument on the owner of the restaurant that he must have not served them expired product in their services so that Tom would not be get injured and they would to make such huge loss just by taking their services (Yıldız, 2021). These arguments may help to defendant confidently. To get the recovery it is necessary to measure the degree of damages and once it is get to know that a certain amount of loss had been done from the breach of contract then is directly related to proximate damages. The main objective of providing damages is to angry party to let him in the same position as before the contract of breach was happened.

Question 4

Losses of Tom accounted in the following ways:

1. Loss of profits $10,000.
2. Medical expenses $5000.
3. Loss of an “Egyptian Government Contract” for sale of 2 tons of Australian Sheep skins.

In total Tom had a loss of $15000 including loss of an Egyptian government contract for sale of 2 tons of Australian sheep skins. In this provided case the loss in unlikely to get recovered as the major loss of an Egyptian government contract is a loss of future earnings. Adding too these the remoteness of damages is also a considered for the basis to know to type of damages that had occurred in the breach of contract. When the damage is fairly considered to be reasonable and these are majorly a proximate damage which are likely to happen in a natural way. Another is that of type of damages where the contemplation of parties at the same time to male the contract if it breaches.

Question 5

1. Yes
2. Yes

References

Ajekwe, C., Ibiamke, A., & Silas, M. F. (2017). Loan loss provisions, earnings smoothing and capital management under IFRS: The case of deposit money banks in Nigeria. American Journal of Management Science and Engineering, 2(4), 58-64.

Aliza, K., Shaheen, S., Malik, M. J., Zulfiqar, S., Batool, S. A., Ahmad-ur-Rehman, M., & Javed, A. (2021). Linking ostracism with employee negligence behavior: A moderated mediation model. The Service Industries Journal, 1-25.

Ben-Shahar, O., & Porat, A. (2016). Personalizing negligence law. NYUL Rev., 91, 627.

LINE, A. (2022). alaska. CELL, 216, 533-7876.

Steinman, A. N. (2017). Case Law. BUL Rev., 97, 1947.

Yıldız, T. D. (2021). Loss of profits occurring due to the halting of mining operations arising from occupational accidents or reasons related to legislation. Gospodarka Surowcami Mineralnymi, 37.