LAWS1001 Enterprise Law Assessment 3: Individual Case Study Answer

Issue of the Case

• What is the nature of the harm suffered by Kim and Andy in the given case study?
• Has Nazim owed a duty of care to Kim and Andy?
• Has that duty of care been breached by Nazim?

Rule of Law

According to tort law, negligence between the parties takes place when one party owes a standard duty of care to the other party so that no injury or damage is caused (Lunney, 2019). The major elements of negligence are-

• Duty of care,
• Breach of the standard duty of care,
• Causation and Damages caused (Kyriakakis et al., 2019).

The standard duty of care-

This is tested with the help of a reasonable foreseeability test, whether it applies to that relationship or not (Kyriakakis et al., 2019). There are few relationships in which there is a presumption about the existence of the standard duty of care, like professional and client, employer-employee, etc. Also, under the civil liability act, of 2002, the professional is held liable towards their fellow professionals because they owe a duty of standard care towards each other (Kyriakakis et al., 2019).

Breach of the standard duty of care-

If the party fails to meet the criteria of the standard duty of care, then he or she is supposed to cause a breach of the duty of care towards the individual (Lunney, 2019).

Causation and Damages-

When there is a breach of the standard duty, because of negligence, and the damages or the injury that has been caused to another individual, the person is held liable for the compensation of the damage or injury caused to another party (Kyriakakis et al., 2019).

Concerning the case law, Donoghue v Stevenson [1932] AC 562, it was held by the court of law that there is a standard of duty of care owed by the defendant towards the plaintiff and thus the damage needs to be compensated by the plaintiff.

Also, concerning the case law, Pasley v Freeman, it was declared by the court of the law that the defendant would be held responsible for the damages which have been caused to the plaintiff because of the negligence (Gligorijevic, 2021).

Analysis of the Case

Applying the case law, Pasley v Freeman, in the given scenario, the nature of the harm caused by Kim and Andy in the given case study is negligence under the law of tort. Also, in the given case study, Nazim was owing a duty of standard care towards Kim and Andy, and also this duty of care has been breached by Nazim (Gligorijevic, 2021).

In this case, the duty of a reasonable professional as an accountant would be-

The professionals and experts are expected to carry a high standard duty of care along with they are also required to make more use of their skills and abilities which is expected from a reasonable professional (Lunney, 2019).

The professional is not expected to do any such activity which can be dangerous or harmful to their fellow professionals or clients. This cannot be an excuse but a common practice required to be followed (Gligorijevic, 2021).

Conclusion

Therefore, it is likely to be held that in the given case study, Nazim was owing a duty of standard care towards Kim and Andy, and also this duty of care has been breached by Nazim. Also, it required to be compensated.

References

Gligorijevic, J. (2021). A common law tort of interference with privacy for Australia: Reaffirming'ABC v Lenah Meats'.University of New South Wales Law Journal,44(2), 673-713.

Kyriakakis, J., Popa, T., Rochford, F., Szablewska, N., Zhao, X., Taliadoros, J., ... & Bautista, L. (2019).Contemporary Australian tort law. Cambridge University Press.

Lunney, M. (2019). Common Law Codification: Lessons and Warnings from Twenty-First Century Australia.Journal of European Tort Law,10(3), 183-206.

You Might Also Like:-

Taxation Law Assignment Sample

Law assignment help is available @ 30% off

Law Administrative Assignment Help