The Law of Tort in a Factual Situation

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Introduction This task will evaluate the impact of the law of tort on ABS chemical plant in a given situation. Scenario You work on the Legal Team for ABS Chemical Plant, it is your role to advise the Company Directors and Management on any legal issues that arise within the company. Advice has been requested following an accident on a family day visit to ABS Chemical Plant. Before visiting, the family were assured by the ABS Manager that they “operated a safe environment and had safety advisors on site, at all times.” During the family visit, the chemicals used to treat waste water had caused a steam boiler to overheat, causing it to burst. The sheer blast caused serious physical injuries to the children and the mother who witnessed this suffered psychological trauma. The safety advisors were not present on the site and there was a delay in first aid and treatment being given to both mother and the children. The family car parked nearby had also been destroyed due to a blast. During the chaos, an employee who operated heavy machinery was distracted and caused a slight injury to a fellow employee. Apply the rules of negligence, vicarious and occupier’s liability to this case study, giving examples of relevant case and statute law. Develop the application of all these rules to provide a full conclusion and evaluation of the above incidences. Tort law impacts consumers and businesses like ABS chemical plant in various ways. Businesses are able to respect consumers to a great extent. On the other hand, the consumers enjoy diversity in the market. Tort law impacts businesses and consumers both positively and negatively. Tort law is basically the branch of law that deals with civil cases in which one party sues another party. For consumers, the threat of litigation is beneficial. For example, a restaurant that has meat spoiling in its refrigerator. The restaurant knows that serving bad meat can result in a £100 fine by the city (if the restaurant is caught). The restaurant might figure that the potential fine is worth it, since the total value of the meat is £1000. But enter the consumer. If the consumer (customer) gets sick after eating meat the restaurant knew was bad, the consumer might sue for £2000 (£1500 in medical costs and £500 in lost wages). The restaurant knows that customers who get food poisoning might sue, and this is a huge motivator in keeping businesses on the up-and-up. Of course, businesses hate tort law for this same reason. Negligence An advantage of negligence for the business is that all parties in the ABS chemical plant can be held liable for the company’s tort. This means that if ABS chemical plant is held liable they may be able to share or transfer the burden of damages by suing other members of the chain. However, if a party of ABS chemical plant were held liable they must prove the negligent party among the members of the chain.

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