Commercial law. Law Case Study Assignment. Analysis of the Situation

Commercial Law
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Commercial Law
Moore, H. (2016 February 17) Family suing Festival du Voyageur after sled accidentLink: /news/canada/manitoba/festival-du-voyagueur-lawsuit-sled-injury-1.3450674
Commercial law is the study of business laws that regulate the conduct of partners running a business (Clarke et al. 2017). The regulations dictate how individuals form and run a business and include management laws, rules governing the start of a business, selling of certain products and procedures followed when closing up stores. Other acts include governing intellectual properties, secure transactions, securities law, and antitrust laws, amongst others (Clarke et al. 2017). The rules play a crucial role in settling disputes relating to both the public and private sectors in business. The first law of business urges business owners to take care of its customer in both profit-seeking and for-profit companies. The businesses should always strive to deliver the best goods and services to their clients. Here is a case involving concepts of business law that essay records and analyses.
Plaintiffs in the case: Lynne, Raymond, and their daughter, then 12-year-old.
Defendant: Festival du Voyageur
Analysis of a legal claim for negligence made against the business
The lawsuit filed against Festival du Voyageur after the accident touches on the offense of neglect. The attorney in the proceeding applies the concept of duty of care to legalize the opportunity of liability in the cause of the accident. The mission of action exists if the defendant used reasonable care to protect the plaintiffs from injuring themselves. Failure to exhibit duty of care leads to the cancelation of liability even in situations where the defendant carelessly injured the plaintiff. To establish provision on the duty of care by the plaintiff, the attorney and judges should first inquire if the question on the duty of care is answered for case procession. One example is evident in the Coca-Cola Company owing an act of care to a pregnant woman but not the unborn baby. According to Kontra (2019), the duty of care should be evident first before a case can proceed. In this case, the duty of care can be established by first asking if the plaintiff’s injury was reasonably foreseeable and whether the parties involved had a relationship with sufficient proximity.
In many scenarios, policy deliberations affect the application of negligence acts in commercial settings. Implementation of the basic rules of negligence applies typically regardless of the situation. In the given context, the alleged claim on breach of care standards required proof from the plaintiff. The standards of care include providing helmets for children under the age of eighteen and providing training patrons to sledding persons (Kontra, 2019). The claim on standards bases on reasonable individual tests where the accused acted carelessly instead of acting like an average person. Once the court completes its investigation on the matter, the defendant can compensate the plaintiff. Various laws details under investigation include satisfaction that there was the duty of care compromised by the defendant and that there was a breach...