Tort and Contact Cases

Only available on StudyMode
  • Download(s) : 19
  • Published : January 24, 2013
Open Document
Text Preview
1. Name: Mr.

2. Fin no:

3. Assignment: Cases on Contract law

4. Course: Diploma of hospitality management (Food & Beverage)

5. Intake: 35

6. Lecturer: Mr. Roland Foo Hee Wan

7. Date Of submission: 17th Jan’ 2012
Content

1. Introduction…………….……………………………………………………….….Page 3 2.Tort case …………………………………………………………………………..Page 4, 5 3. Contract Cases………………………………………………………………….Page 5, 6, 7 4. References…………………………………………………………………………Page 7

Introduction The area of law that is covers the majority of all civil laws. Essentially, every claim that arises in civil court with the exception of contractual disputes falls under tort law. The concept of tort law is to correct a wrong done to a person, usually by awarding them financial damages as compensation. Tort law can be split into three categories: 1. Negligent torts

2. Intentional torts
3. Strict liability 
Negligent torts encompass harm done to people generally through the failure of another to exercise a certain level of care. Accidents are a good example of negligent torts. On the other hand, Intentional torts refer to harms done to people intentionally by the willful misconduct of another, such as assault, fraud and theft. Strict liability torts are not concerned with the fault of the person doing the harm. Instead, strict liability focuses on the act itself: if someone commits a certain act then that person is responsible for the damages from that act regardless of the level of care exercised or their intentions. On the other hand, the contract law is the body of law that governs oral and written agreements associated with exchange of goods and services, money, and properties. It include such as the nature of contractual obligations, limitation of actions, freedom of contract, privities of contract, termination of contract, and covers also agency relationships, commercial paper, and contracts of employment. A contract is an agreement that can be enforcement by law. An agreement which can be enforceable by law must have essential elements of a valid contract. It has elements:- intention to create legal relations, offer and acceptance, consideration, legal capacity, consent, legality of objects, certainly of meaning, possibility of performance, legal formalities etc

1. Tort case
Offer and acceptance of “Snail in the bottle" case

Case facts: - On the evening of Sunday 26 August 1928, May Donoghue took a train to Paisley, Renfrewshire; the journey would have taken around thirty minutes. In Paisley, she went to the Wellmeadow Café. At approximately 20:50Am a friend, who may have travelled with Donoghue, was with her and ordered a bear and ice for herself and a Scotsman ice cream float, a mix of ice cream and ginger beer, for Donoghue. The owner of the café, Francis Minghella, brought over a tumbler of ice cream and poured ginger beer on it from a brown and opaque bottle labelled "D. Stevenson, Glen Lane, Paisley". Donoghue drank light bit bear. However, when Donoghue's friend poured the remaining ginger beer into the tumbler, a decomposed snail also floated out of the bottle. Donoghue claimed that she felt ill from this sight, complaining of abdominal pain. According to her later statements of facts, she was required to consult a doctor on 29 August and was admitted to Glasgow Royal Infirmary for "emergency treatment" on 16 September. She was subsequently diagnosed with severe gastroenteritis and shock. The ginger beer had been manufactured by David Stevenson, who ran a company that produced both ginger beer and lemonade at 11 and 12 Glen Lane, Glasgow, less than a mile away from the Wellmeadow Café. The contact details for the ginger beer manufacturer were on the bottle label and recorded by Donoghue's friend. Donoghue subsequently contacted and instructed Walter Leechman, a local...
tracking img