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Commericial Law

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Commericial Law
I. Factors relevant to Establishing the required standards vd;gjpy; mbg;gilapy; vjpuhsp rk;ge;jkpy;yhj tplag;gug;Gf;fs;> vjpuhsp rhh;e;jpUf;fpd;w tplag;gug;Gf;fs; kPjhd epyikfs; mtjhdpg;gpw;F cs;shfpd;wd. ,j;jifa elj;ijapid jPh;khdpf;fty;y fhuzpfs; ajhh;j;jj;jpy; xd;wpj;jpUg;gjpy;iy. vdNt ,e;epfo;Tfspd; mbg;gilapy; Negligence – duty of care- Breach of duty of care vd;gtw;iw ePjpkd;Wfs; case to case jw;Jzptpd;gb epfo;Tfspd; kPjhd mtjhdpg;Gfs; %yk; jPh;khdpf;fpd;wd. cjhuzkhf Lord Machmillan fUJtJ Nghy ftdj;juhjuk; vd;gJ jdpj;Nj defendant himself fUjpajhdjy;y. khwhf A man of ordinary prudence A man using ordinary care & skills, A Hypothetical man vd;gjhfTk; mbg;gilapy; Personal equators ,y;yhJ nra;JtpLtJld; idiosyncrasies of the particular person whose conduct in question vd;gjpy; Rje;jpukhdJkhd mZFKiwf;Fk; toptFf;fpd;wJ.
,Ue;j NghjpYk; vj;jifa epiyikfspy; ftdk; vLf;Fk; epiyg;ghL> Kd;dwpT cs;sjhff; fUjg;gLfpd;wJ vd;gJ Intelligent, Knowledge, Skills vd;fpd;w cstpay; rhh; “Personality” tplag;gug;Gf;Fs; nrd;WtpLtJld; ,e;j Personality issue “Standard” vd;fpd;w Subjective cld; Nrh;e;J tUfpd;wNghJ xNu khjphpahd epfo;TfSf;Fk; NtWkhjphpahd jPh;g;Gf;fis toq;fNtz;ba eph;ge;jq;fSf;Fs; ePjpkd;Wfs; tplg;gLfpd;wd. ,Ug;gpDk; ,j;jifa epiyikfs; Mgj;jhd tpisTfSf;F Jiz NghfhjJk; ghjpf;fg;gl;lth;fSf;fhd ghpfhuq;fs; fpilf;fr; nra;aTkhd elgbKiwfspid jkJ epahahjpf;f tuk;Gf;Fs; epd;W milaNt Kaw;rpf;fpd;wd vd;gJ tof;Ffspy; toq;fg;gl;l jPh;g;Gf;fs; %yk; mDkhdpf;ff;$bajhfTs;sik tuNtw;fj;jf;fNj.
II. mj;Jld; (iw;Fk; Nkyjpfkhf) the likelihood of harm vd;gJTk; duty of care vd;gJTk; vjpuhspapd; elj;ij (defendant conduct) epfo;T Fwpj;j Kd;dwpT vd;gJTk; nghWg;Gilik jPq;fpay; epthuzj;ij jPh;khdpf;Fk; tplag;gug;Gf;fshf Nehf;fg;gLfpd;wd. ,q;F reasonable man skilled/professional vd;fpd;w Nkyjpf tFg;ghq;FfSf;Fs;shfTk; itj;J Nehf;fg;gLtD}lhf Standard of care vd;gJ eph;zak; nra;ag;gLfpd;wJ. Reasonable man test vd;gJ tpNrlkhf defendant d; epiyia (children, disable, elder) riskd; degree I
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