Business Law Donoghue V Stevenson Case Study Essay

Section A Question 1) a) In the case of Donohue v Stevenson[1], Donohue won the case. The ratio decidendi in the case was that the liability of negligence did not depend on the contractual relationship and that Stevenson owed the duty of care to Donohue as a manufacturer, not to cause foreseeable injuries to the users of the products. As there was an owed duty, Stevenson failed to practice the appropriate standard of care and in turn, the negligent act had caused the injuries to Donohue. Therefore, Stevenson loss the case. b) Regarding to the obiter dicta of the case, Lord Atkin, one of the case’s judges, had mentioned the â€Å"Neighbour Principle†, stated that a person is responsible not to harm another party or parties if he or†¦show more content†¦The agent is given the power to establish a legal relationship with the third party on behalf of the principle. Hence, the agent obtains authority to act as an agent by getting an authority from the principle as his representative[4]. Once he gets the authority, the contracts that he makes with the third party become the contract between principle and the third party. For example, an agent makes a contract with John whom is the third party. John wanted to buy Steven’s car. By signing the contract, it means that John has agreed that he will buy Steven’s car even though they never meet each other. Contractual relationship is a legal relationship between a third party and the principal. This relationship is significant once the agent have a contract with third parties where the principals can be revealed. Usually, the third party does not know about the existence of the principal when making a contract. The agent work as If he is working for him self to sell the thing. The general rule is that where the agent conceal the existence and the identity of his principal, the agent is also not responsible for the contract between principal and the third party. Section B Question (a) I have researched about this case and I finally found out that a Srilankan couple was trying to sue Qantas for their negligence action. Sam Samaratunga and his wife Rani say they were thrown around the cabin over WesternShow MoreRelatedCase Analysis : International Business Law4792 Words   |  20 PagesLLM International Business Law LAWS 7100 Advanced Legal Skills End of module assessment: Case analysis Donoghue v Stevenson [1932] AC 562 Written by: David T. Dickson Introduction The purpose of this assignment is to discuss the creation and application the case law resulting from the decision in Donoghue v Stevenson . This decision is often cited in relation to the tort of negligence and a duty of care. As such it could be misunderstood as being the preeminent case for the principlesRead MoreApplication Of Act Of The Civil Liability Act2623 Words   |  11 Pagesintended to cause harm. 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