Business Management Affairs (TORT) Assignment Example | Topics and Well Written Essays - 1000 words

Business Management Affairs (TORT) - Assignment Example Agreeing with Gary, Simon instructed his solicitor to prepare a partnership deed in which Gary will be liable for ?50,000, i.e. his invested amount as start-up capital. However, the solicitor drafted Gary and Simon as joint partners accountable for equal and several liabilities. Following a substantial loss, the overseas office closed and the creditors attempted to sue Gary for ?100,000. This was unknown to Gary as the partnership deed was not scrutinised by each of the two investors. In relation to the Law of Tort, this circumstance can be affirmed to be caused due to the careless behaviour of the solicitor and to a certain extent by Gary as well. Based on the Tort Law of Negligence, the paper will intend to suggest recommendations to Gary considering the options based on which he can take legal actions against the solicitor. The discussion will further elaborate on rendering advises to the solicitor, evaluating the options available to him to defend himself. Principles of the Tort Law Tort Law has been introduced to provide solutions to the victims of negligence resulting in damage to the applicant. The three elements that need to be considered while analysing a case of negligence under this particular law are ‘duty’, ‘breach’ and ‘damage’. In order to receive the applicants’ claim and make the defendant liable for the damages, these elements need to be satisfied. In other words, the defendant must be obliged to a duty of the claimant where the duty has been violated by the defendant and consequentially, damages have been caused. The damages can be described with two other sub-elements known as causation and remoteness. Causation refers to the claimant’s justification that had the duty not been infringed; damage should also not have happened. Whereas, remoteness is referred to a scenario where the claimant proves that the damage occurred was not impossible and the defendant should not be held liable for it. The tort of negligence is concerned with situations where sensible care lacked that resulted in damage to the claimant (Adams, 2010). Meaning of the Law The law has been imposed to determine the negligence factors caused either by the defendant or any other person who should be liable to compensate the financial damages to the claimant. The claimant shall intend to prove that due to the negligence of the defendant, the damages have been occurred. On the other hand, under this law, the defendant attempts to prove that the negligence was not caused intentionally and to some extent shall not be liable to the damages caused to the claimant. The law gives the opportunity to the courts to calculate the damages in references to the fault exhibited either by the claimant or by the defendant (Keenan & Riches, 2011). Recommendations to Gary It has been witnessed that due to negligence or carelessness of the solicitor, Gary has been held responsible for the liabilities to the creditors. Even though it is the solicitor’s mistake majorly, to some extent, Gary’s negligence of not reading the partnership deed can also be considered as a cause to his financial losses. In this context, Gary should take legal actions against the solicitor under the Professional Negligence Law. Gary has to prove that the financial loss, he is going to suffer, is due to the professional negligence or