assignment

1. 8/7/2021
BUSINESS AND COMPANY LAW
TUTORIAL
1. In an act of physical violence, assault refers to the act which causes the victim to
apprehend imminent physical harm, while battery refers to the actual act causing the
physical harm.
2. False imprisonment is restraining a person in a bounded area without justification or
consent. False imprisonment is a common law misdemeanour and a tort. It applies to
private as well as governmental detention.
3. Revocation means an offer is withdrawn by the offerer. The general rule was
established in Payne v Cave that an offer can be revoked at any time before acceptance
takes place. However, the revocation must be communicated effectively directly or
indirectly to the offeree before acceptance.

2. 12/7/2021
1. Manufacturershave a legal dutyof care to the ultimate consumersof theirproductsif itis
not possible fordefectstobe identifiedbefore the goodsare received. Donoghue v
Stevenson[1932] UKHL 100 wasa landmarkcourt decisioninScots delictlaw andEnglish
tort lawby the House of Lords.
2. 4 elements
 Duty of care
 Breach of duty
 Causation
 Damages
 The first element of determining negligence is whether or not the defendant owed the
plaintiff a legal duty of care. There are situations where a legal duty is created in the
relationship between the plaintiff and the defendant. A duty of care arises when the
law recognizes a relationship between two parties, and due to this relationship, one
party has an obligation to exercise the same level of reasonable care that another
person in a similar situation would exercise.
 The next element is for the court to determine if the defendant breached this duty by
doing or not doing something that an average person would do if they were in a
similar circumstance.
 The third element of negligence is causation. Causation requires a plaintiff to show
that the defendant’s breach of duty was the cause of the plaintiff’s injury and losses.
Another thing to consider is whether the defendant could have foreseen that his or her
actions might cause an injury. If the action caused the plaintiff injury through an
unexpected act of nature, then it would be deemed unforeseeable, most likely making
the defendant to be found not liable.
 Damages are the final element of negligence. Because the plaintiff suffered injury or
loss which a reasonable person in that same situation could expect or foresee,
monetary compensation may be the only form of relief for those injuries. Damages
include medical care, lost wages, emotional turmoil and more.

3. 19/7/2021
1. Negligence
 contributory negligence
In some common law jurisdictions, contributory negligence is a defense to a
tort claim based on negligence. If it is available, the defense completely bars
plaintiffs from any recovery if they contribute to their own injury through their
Own negligence.
 Voluntaryassumptionof risk
Volenti,orvoluntaryassumptionof risk,is adefence toan action in negligence.It
ariseswhenthe conduct by whicha plaintiffisinjuredwouldotherwise giverise toa
liabilityof the defendanttopaydamagesforthe tort of negligentlycausinginjury.
 Superveningorinterveningact
In other words, a superseding cause is an intervening act that is legally
sufficient to transfer blame for the harm in question from the defendant
to a third party, or to a natural event.
 Illegality.
The defence of illegality(still referredtobyitslatinname ex turpi causanon oritur
action) is a complete defence tocontractual or delictual claimsin Scotland. The
basicprinciple of the defence isthatthe pursuershouldnotbe allowedtobenefit
froman illegal act.
2. The defence of illegality (still referred to by its latin name ex turpi causa non oritur
actio) is a complete defence to contractual or delictual claims in Scotland. The
basic principle of the defence is that the pursuer should not be allowed to benefit from
an illegal act.