Business Contractual Relationships 商务契约关系oucome3.docx

DN97 34: Business Contractual RelationshipsCase1 Question1From the case has a duty of care. And this case is about the delict. Delict is about a civil wrong committed by a person in deliberate or negligent breach of a legal duty, from which liability to make reparation for any consequential loss or injury may arise. And in there has three elements present, first there is a loss or injury, such as physical or personal injury and the loss of earnings, nervous shock, distress, damage to a reputation. The other is caused by a legal wrong. Last is the caused by culpa on the part of the wrongdoer.At the case Tom and Danny has vicarious liability. The vicarious liability is an example of joint and several liability as the injured party can sue both the employee and the employer. So in the case Danny has a duty of care with McGregor.A duty of care is a legal obligation imposed on an individual requiring that it adheres to a standard of reasonable care while performing any acts that could foreseeably harm others. And the first element must be established to proceed with an action in negligence. And the pursuer must be able to show a duy of care imposed by law which the defender has breached. In turn, breaching a duty may subject an individual to liability in delict. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. So in some way, duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within the society.For example: Donoghue v Stevenson【 1932 】That is about Mrs Donoghue had gone to a cafe in Paisley with her friend who bought her an opaque bottle of ginger beer. Mrs Donoghue has find a decomposed snail in the bottle of ginger beer when her had drunk the beer. Mrs Donoghue alleged that as a result of having drunk the contaminated ginger beer she suffered a serious illness. Mrs Dononghue didn’t have a contract with